Read ourPublications Publication type Mar 2019 Building professionals caught in the cross fire More Summary Lacrosse apartment tower litigation decision handed down by VCAT. Publication type Feb 2019 Defects and Retention changes to the QBCC Act arising from Building Industry Fairness reforms More Summary Amendments to the QBCCA introduced 17 December 2018 now expand to obligations with respect to both retention and defects liability. Publication type Feb 2019 Insurance Policy exclusions for ‘flood’ and the importance of the language deployed - Part II More Summary This newsletter follows the January 2018 edition of Constructive Notes®, in which consideration was given to a number of case authorities in relation to the operation of commonly encountered insurance policy exclusions for ‘flood’. Publication type Feb 2019 Insurance policy exclusions for 'flood' and the importance of the language deployed More Summary This newsletter highlights the importance of language deployed in determining the application of an exclusion clause in a policy of insurance. Publication type Dec 2018 Constructive Notes® - Missing links in the ‘Chain of Responsibility’ More Summary We continue to monitor developments and legislative changes relating to Australian jurisdictions, and how they are addressing the risks created by non-conforming building products. Our Guide summarises Government response to date, and considers particular insurance issues concerning dangers posed by PE – ACP (Polyethylene core - Aluminium Composite Panelling) cladding. Publication type Dec 2018 Qld Update: Next tranche of Building Industry Fairness reforms to commence on 17 December 2018 More Summary Security of payment laws in Queensland will change again on 17 December 2018. Claimants and respondents alike need to be ready for the significant amendments. Publication type Oct 2018 A new regulation introduced in Queensland further develops the statutory approach to combating combustible cladding risks More Summary Further developments have been announced in relation to combustible cladding risks and the legislative approach around them in Queensland. Publication type Sep 2018 Building & Construction Law Conference - Melbourne More Summary Ben Hall to present on key insurance considerations in building defects at the upcoming Legalwise Building & Construction Law Conference. Publication type Jul 2018 Dealing with 'Unknown Unknowns' in construction contracts More Summary Contractors must be wary of taking on broad responsibilities for unmanageable risks or they may be left with a lot less than they bargained for. Publication type Apr 2018 Missing links in the 'Chain of Responsibility' - Australia's varied response to the risks posed by Polyethylene core Cladding More Summary Government response to the risks posed by non-conforming building products continues across the various Australian jurisdictions, albeit with limited uniformity. The legislation and preliminary audit processes have been prompted primarily by two... Publication type Mar 2018 Perils Exclusion 4 in ISR Mark IV: Time to revisit the decision in Prime Infrastructure? More Summary Consideration is given to Prime Infrastructure and cases subsequent, which have considered the approach to a critical exclusion clause contained in an Industrial Special Risks insurance policy. Publication type Nov 2017 ‘Insured’: contracting party or third party beneficiary (and what of ‘noting interests’?) More Summary This newsletter considers considers the status of an 'Insured' as a contracting party or third party beneficiary and further examines the effect of 'noting interests' on a policy of insurance. Publication type Oct 2017 Mind the Gap II: Transfer of Project Risk - Insurance implications of Practical Completion and Taking Into Use by the Principal More Summary This newsletter examines the Transfer of Project Risk – Insurance implications of Practical Completion and Taking Into Use by the Principal. Publication type Aug 2017 Mind The Gap: The impact of Testing and Comissioning on Insurance Coverage in Major Projects More Summary Transfer of risk from the construction phase to the operational phase in major projects is understandably of critical importance. Publication type Jun 2017 Scratching below the surface - site damage and insurance policy response More Summary Patrick Mead, Senior Partner, discusses the issues arising from scratched glass on major building projects, addressing the question that arises as to whether contract works policies are likely to respond to indemnify the project participants with respect to the damage of this nature. Publication type Oct 2016 Restrictions on enforcing an Arbitration Agreement - Recent decisions More Summary Two recent decisions confirm the enforceability of arbitration agreements has changed substantially with the uniform Australian domestic arbitration legislation enacted since 2010. Publication type Oct 2012 A Legal Guide to Contract Works and Construction Liability Insurance in Australia More Summary This book has been prepared for insurers, their advisors and other professionals involved in the construction and engineering industry. The aim of this book is to examine the issues arising from the interpretation of contract works and construction... View our archived publications
