Publication | July 2020
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Publication
On 23 July 2020, the Building Industry Fairness (Security of Payment) and other Legislation Amendment Bill 2020 (Qld) (with amendments) (the BIF Amendment Bill) received royal assent.
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In the wake of COVID-19 there has been a slowdown in the economy.
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It is trite to say that the recent impacts of COVID-19 have highlighted the need, beyond just stimulus packages, for Federal and State Governments to continue to support the fiscal needs of statutory bodies such as local governments and universities.
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Analysts estimate that the global market for the district cooling sector will hit $39.9 billion by 2026, growing from $21.9 billion in 2018, at a CAGR of 7.77 per cent.
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On 11 June 2020, the Design and Building Practitioners Act 2020 (NSW) (Act) received Royal Assent. The Act is part of the NSW Government’s response to the Building Confidence report authored by Professor Peter Shergold AC and Ms Bronwyn Weir.
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The NSW Parliament has swiftly passed the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (Act). The Act was assented to on 10 June 2020 and will commence on 1 September 2020. Significantly, the reforms in the Act will have retrospective effect, meaning they have potential application to existing residential apartment building work that has not been completed or has been completed within 10 years before the exercise of a function under the Act.
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The NSW Government has recently released the consultation draft Building and Construction Industry Security of Payment Regulation 2020 (Proposed Regulation). Subject to the public consultation process, the Proposed Regulation will commence on 1 September 2020 (with a transitional period for some reforms).
Update
COVID-19 is having far reaching impacts on the construction industry’s supply chains, cash flows and workforces.
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Governments around the world have introduced measures to protect their citizens and their economies in the face of the COVID-19 pandemic.
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Infrastructure and construction projects, some of which are part of the People’s Republic of China (PRC)’s Belt and Road Initiative (BRI) have, as one would expect, been largely halted by the COVID-19 pandemic. Disruptions to supply chains around the world, lockdowns and travel restrictions on foreign workers, especially Chinese workers who are commonly employed on BRI projects, are some of the main reasons for the project suspensions and slowdowns.
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Since project bank accounts (PBA) were introduced on a ‘trial basis’ in 2018 under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act), they have largely applied to Queensland Government building projects between $1 million and $10 million. However, it is the Queensland Government’s intention that the roll out of PBAs will apply to other organisations (both public and private sector) and a broader ambit of building contracts pursuant to the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2020 (Qld) (BIF Amendment Bill).
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The global construction industry has been hugely impacted as a result of the COVID-19 pandemic (COVID-19).
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The economic impact of COVID-19 on the infrastructure sector is vast and, whilst helpful, the Australian Government’s recently introduced temporary relief for financially distressed businesses will not be enough to ensure the ongoing viability of many businesses.
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The International Federation of Consulting Engineers (FIDIC) recently published guidance for its contract users which is aimed at helping them manage some of the situations that are arising across the world as a consequence of the current pandemic.
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In this article, we consider the measures that PFI contractors are being asked to adopt, give our view on the practical steps PFI contractors (and their private sector counterparties) should take in response and consider the legal effect of the IPA Guidance Note and any steps taken by the parties as a consequence of it.
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The pace of change has never felt as fast. We have considered some of the legal implications, outlined key considerations for UK boards, looked at force majeure and frustration under English law and some of the key issues for the construction sector and issues concerning construction sites.
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In an attempt to regain public confidence in the construction industry, the New South Wales Government continues to take steps to overhaul building and construction law. One of the more recent legislative reforms, the Building and Development Certifiers Act 2018 (NSW) (the Act), is set to shake things up. Amongst other things, the Act will operate to strengthen the regulation of certifiers and repeals the Building Professionals Act 2005 (NSW).
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The engineering and construction contracts published by FIDIC, the International Federation of Consulting Engineers, continue to serve as the preeminent standard form agreements used on international projects.
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The Victorian Government proposes to expand the financial probity requirements for being a “fit and proper person” to be registered as a building practitioner. The proposed reforms respond to concerns that some building companies are deliberately going into external administration to avoid liability for defective building work. The Government says that “illegal phoenix activity”—when a new company is created to continue the business of a company that has been deliberately liquidated to avoid its liabilities - will not be tolerated.
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Cyber risk in projects has been rising up on the boardroom agenda.
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Welcome to issue 13 of Norton Rose Fulbright’s International Arbitration Report.
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This article focuses on the Supreme Court of Canada decision in Churchill Falls (Labrador) Corporation Limited v Hydro-Québec 2018 SCC 461.
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This article examines recent Asian developments in legalization of third party funding and contrasts these with the approach in England and Wales where the market is more established.
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Data protection and cyber security are hot topics in international arbitration.
On July 16, 2020, the Court of Justice of the European Union (CJEU) published its decision in the landmark case Data Protection Commissioner v Facebook Ireland Ltd, Maximilian Schrems and intervening parties, Case C-311/18 (known as the Schrems II case).
The COVID-19 outbreak has posed an unprecedented challenge – not just for individuals and governments, but also corporates seeking to navigate unchartered waters in the widespread disruption caused by the global pandemic.
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