COVID-19 Update

Building & Construction

Combustible Cladding News Update – A Brief Reprieve But An Inevitable End

By Malcolm Liu, Lawyer and Chloe Moorfoot, Partner On 16 September 2021, the Building Amendment (Registration and Other Matters) Bill 2021 (Bill) passed the third reading in the First House: Legislative Assembly. Hence, amongst other amendments, section 49A of the Bill proposes to amend section 134(2) of the Building Act 1993 (Act) by extending the … Read More

Mandatory Vaccinations for Construction Workers – What does this mean for you?

By Chloe Moorfoot, Partner and Malcolm Liu, Lawyer. Significantly, on 16 September 2021, the Victorian Government announced that construction workers across Victoria will need to show evidence to their employer that they have had a first dose of a COVID-19 vaccine by 11:59pm this Thursday 23 September 2021. Moreover, public health officials have become increasingly … Read More

Victoria’s Combustible Cladding Nightmare – Local Council’s beware: Holy Sheet? We are responsible!

By Chloe Moorfoot, Partner It is estimated there are thousands of buildings in Victoria affected by the (now) defective combustible cladding issues. As the combustible cladding rectification fund dries up, it is clear that local government municipalities will be soaked by a new wave of claims and responsibilities to bring about rectification. Background of the … Read More

Liquidated Damages after the COVID-19 Pandemic in the Construction Industry

The COVID-19 pandemic has severely disrupted the schedules for most construction projects in Victoria and Australia. As such, construction industry bodies (like the Master Builders Association) fear a surging wave of litigation will hit the construction sector as statutory demand and debt collection protections are lifted as the country recovers economically from the pandemic. Liquidated … Read More

Cladding Safety Victoria Regulations 2020 (Vic): So Clad You Asked

Following assent to the Cladding Safety Victoria Act (Vic) 2020 (“Act”) on 4 November 2020, the Governor in Council signed off on the Cladding Safety Victoria Regulations (Vic) 2020 (“Regulations”) on 1 December 2020. This article will set out the particulars of the Regulations, predominately focusing on the rules relating to seeking funding from Cladding … Read More

Issuing valid invoices under the Building and Construction Industry Security of Payments Act; when does an entitlement to the invoiced amount arise and consequences of invalid invoices

The Building and Construction Industry Security of Payment Act 2002 (Vic) (the Act) serves to act as an alternative to traditional litigation for the recovery of unpaid invoices and payments claims in the construction industry, with the benefit of being a quicker method of resolution. However, as a trade-off for such speed efficiency is the … Read More

Contract is King – Where the intentions of the parties are overruled by the terms of the contract

Upon general contract principles, the express terms and construction of a contract that has already been signed may be amended where it can clearly be shown that the contract was drafted or entered into incorrectly on the basis that some of the terms of the contract are inconsistent with the actual intentions of the parties. … Read More

Cladding Safety Victoria: Not a Cladding Cure-All

Executive Summary Apartment buildings must satisfy four key criteria in order to be eligible for CSV cladding rectification funding. Legal costs incurred will not be reimbursed or funded by the CSV, other than those necessary for the BAB process. Given the substantial amount of cladding issues in Victoria, it is unlikely that CSV will be … Read More

A Roundup of Recent Construction Cases

The following is a brief roundup of cases relevant to the construction industry. These cases primarily involve labour laws and the behaviour of both employers and unions. In their judgments, the courts found that there was a consistent pattern of offending by certain groups. Australian Building and Construction Commissioner v James Fissenden & Anor [2020] … Read More

Quantum Meruit claims in Construction Contracts

Given the current pandemic circumstances and general economic downturn, construction contracts have greater risk elements than ever before. It is important to know the rights of a builder to payment for work done under a construction contract that has been terminated. The most common method for this is known as a quantum meruit claim, which … Read More

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