Unpacking the possible engineered stone ban and its shake-up on construction contracts

Most of the Australian standard form construction contracts make provision for contractors to comply with ‘legislative requirements’ which are typically broadly defined to include, for example: acts, Ordinances, regulations, by-laws, orders, awards and proclamations of the jurisdiction where WUC or the particular part thereof is being carried out; certificates, licences, consents, permits, approvals and requirements […]

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When claiming statutory debts under the Security of Payment Act may not be a slam dunk

It is well established policy now enshrined under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) that for the construction industry to remain sustainable, subcontractors and suppliers must have regular and reliable access to cashflow. Aside from limited circumstances[1], the risk of insolvency (of either party) rests with the payor (recipient […]

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In NSW, the DBP Act is about to extend to the commercial sector, encompassing projects involving hotels and aged care facilities

In 2020, the New South Wales Government introduced the Design and Building Practitioners Act 2020 (NSW) (DBP Act) and the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RAB Act) as part of long-awaited reforms aimed at improving the standard of construction work in NSW and restoring public confidence in the industry. From […]

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Insolvent contractors in New South Wales may be able to pursue debts through the Security of Payment Act regime

On 17 February 2023, Justice Ball of the New South Wales Supreme Court handed down his decision in Kennedy Civil Contracting Pty Ltd (Administrators Appointed) v Richard Crookes Construction Pty Ltd; In the matter of Kennedy Civil Contracting Pty Ltd [2023] NSWSC 99. Facts Kennedy Civil Contracting Pty Ltd (Administrators Appointed) (KCC) commenced proceedings against […]

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Further reforms to the Security of Payment regime in NSW – Implications for the construction industry

One of the most important pieces of legislation for the NSW construction industry, the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act), is set to undergo further reform with the proposed Building and Construction Legislation Amendment Bill 2022 and accompanying regulation, the Building and Construction Legislation Amendment Regulation 2022 (together, the […]

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Major reform of NSW construction legislation on the horizon

The New South Wales Government has recently introduced three new bills and one accompanying regulation which aims to improve the standards and accountability of participants in the construction industry within the state. The bills, which are currently in the consultation phase until 25 November of this year, are the: Building Bill 2022; Building Compliance and […]

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The 2022 NCC – Mandating energy efficient homes

The National Construction Code (NCC) 2022 will be available from 1 October 2022, with a raft of new performance requirements designed to improve liveability and reduce energy consumption and carbon emissions. This update focuses on the new energy efficiency requirements in the NCC 2022. The proposed changes to NCC 2022 to address energy wastage are […]

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The duty of care under the DBP Act can extend to owner developers who have ‘substantial control’ over the carrying out of building work

In The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2022] NSWSC 659, the plaintiff (Owners Corporation) commenced proceedings against Pafburn Pty Limited (First Defendant) (Builder) and Madarina Pty Limited (Second Defendant) (Developer) in relation to alleged defective construction work in respect of a strata development in North Sydney. The Developer was the owner […]

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