Construction + Infrastructure - Page 2 of 6

Articles

Rise and fall clauses could be another tool to hang on a constructor’s belt

With construction industry participants seeing an increase in costs, rise and fall clauses have been floated as a solution for easing current cost pressures. Essentially, a rise and fall clause in a construction contract shifts key project pricing risks from the contractor to the principal. In this update, W+K’s Construction PI specialists Aaron Bolton, Robert […]

By : Sina Sangsari Jun 9, 2022 Comments Off

Articles

Risk profile for construction professionals rises with new Supreme Court decision

Following the recent decision in Goodwin, the Supreme Court of NSW has handed down another decision that considers the scope of the duty arising under the DBPA and to whom it is owed. In Pafburn, the court established the duty is prima facie owed by those who are able to control how the construction work […]

By : Sina Sangsari May 31, 2022 Comments Off

Articles

NSW Supreme Court clarifies scope of statutory duty of care for construction industry

On 19 May 2022, the Supreme Court of NSW handed down the first substantive decision on the application of the statutory duty of care introduced by Part 4 of the Design and Building Practitioners Act 2020 (NSW) in June 2020. The effect of this judgment is that, arguably, the statutory duty of care extends to […]

By : Sina Sangsari May 23, 2022 Comments Off

Articles

Model guidance for consistent national construction reforms

The ABCB has issued an Implementation Report and model guidance documents that address most of the recommendations contained in the 2018 Building Confidence Report. These developments are the latest in an ongoing effort to address building defects and failures Australia-wide. While significant consumer and industry benefits associated with consistent adoption of the model guidance have […]

By : Sina Sangsari May 19, 2022 Comments Off

Articles, Thought Leadership

Construction trends – checking the rear vision mirror while keeping an eye on the road ahead

The past year in the construction industry has been punctuated by a collection of legislative reforms, pandemic responses and technology advances. It’s also been a challenging time in which the industry has been dealing with the continued fallout from market-shaping events, such as the Lacrosse and Grenfell Tower fires, and heightened rates of insolvency. Against […]

By : Sina Sangsari Apr 14, 2022 Comments Off

Articles, Thought Leadership

General Liability Trends Update: Towards 2022

2021 presented the general insurance industry with many uncertainties. Our 2020 GL Trends Report provided foresight into several trends that have impacted, and continue to impact, the general liability market in Australia and New Zealand, including historical abuse claims across different sectors, concussion and its impact on sport, as well as COVID-19 risks as it […]

By : Sina Sangsari Dec 9, 2021 Comments Off

Articles

First Supreme Court judgment on application of new duty of care in DBP Act

The Supreme Court’s recent decision to refuse leave for the plaintiff to amend its List Statement in an alleged building defects claim has reinforced the fact that the statutory duty of care created under the DBP Act is assessed by the usual principles of negligence and does not require a higher standard be met. W+K’s […]

By : Sina Sangsari Dec 1, 2021 Comments Off

Articles

Cladding appeal decision provides further clarity about the ‘attachment’ exception

A recent decision to uphold a NCAT appeal decision has provided a useful judicial articulation of some of the relevant clauses from the Building Code of Australia regarding cladding compliance. The decision also provides further clarity about the ‘attachment’ exception which, in certain circumstances, permits the use of combustible cladding. W+K’s Marcus Saw looks at […]

By : Sina Sangsari Oct 25, 2021 Comments Off

W+K News

W+K’s Property, Construction and Energy team is now the largest of its kind

Four senior lawyers – Naraya Lamart (Partner), Edward Burrell (Special Counsel), Rachel White (Senior Associate) and Jacinta Fox (Senior Associate) have joined Wotton + Kearney’s preeminent Property, Construction and Energy team. These appointments reflect the latest chapter in the team’s significant growth story over the past few years, which also includes two partner promotions in […]

By : Sina Sangsari Oct 18, 2021 Comments Off

Articles

Legal developments in the building and construction industry

Wotton + Kearney Construction PI specialists Nick Lux and Robert Finnigan feature in the October issue of NIBA Insurance Adviser magazine to provide an update on Australia’s building and construction industry reforms, including key regulatory and risk developments affecting the sector and their implications for insurance brokers. This includes sweeping state-based legislative reform intended to […]

By : Sina Sangsari Oct 10, 2021 Comments Off

Search