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Inside track: Construction & Infrastructure

11 February 2020

#Construction & Infrastructure

Inside track: Construction & Infrastructure

In the media 

Hochtief picked for Australian highways
Hochtief subsidiary CPB Contractors has won two projects with a total value of AU$164m (£85m) to upgrade regional highways in Victoria and Queensland, Australia (06 February 2020).  More... 

10 new skyscrapers set to finish in 2020
Listed real estate investment trusts and top-tier property developers constructing mega-projects across the country are putting the final touches on a number of city shaping projects which are set to finish over 2020 (05 February 2020).  More... 

Prefab industry to help with quick rebuilds after bushfires
Prefabricated homes, which are manufactured fully or partly in a factory and assembled onsite, are much faster to build than conventional homes, making them an option for the thousands of people seeking to rebuild after the fires (04 February 2020).  More... 

Housing construction looks set to pick up
Residential building approvals have picked up for the first time in 18 months, exceeding market expectations. Despite a month-on-month fall in numbers last year, building approvals have recorded a mild upswing of 2.1 per cent in the year to December 2019, according to the latest data released by Australian Bureau of Statistics (04 February 2020).  More... 

BDAV: How is technology disrupting the construction industry
Instead of relying solely on skills, blueprints, and a few tools to turn raw material into masterpieces, workers have new technologies available that will streamlines processes, making many construction projects quicker, easier, and more accurate (28 January 2020).  More... 

NSW

Construction starts on Parramatta light rail project
Major construction has commenced on the 12km Parramatta Light Rail project in Parramatta, western Sydney, following a ground breaking ceremony on February 4 (04 February 2020).  More... 

$61 million Central Coast pipeline contract awarded
After a rigorous tender process, the council awarded the contract to joint venture partners Spiecapag and Seymour Whyte. The pipeline is one of the regions most significant infrastructure projects which will boost water supply to the Central Coasts rapidly growing northern suburbs and improve water security for the entire region (31 January 2020).  More... 

Green light for Pagewood Green
Developer Harry Triguboff has been given the green light to embark on the second and final stage of the biggest residential project in his 56-year property career, Pagewood Green (28 January 2020).  More... 

Queensland

New solar farm to power South West Queensland's gas plants
Up to 200 construction jobs will be created during the construction of a large scale solar farm to be built near Wandoan in South West Queensland (07 February 2020).  More... 

M1 Varsity Lakes to Tugun upgrade motoring ahead
Shovels will hit the ground on the M1 Pacific Motorway Varsity Lakes to Tugun upgrade by mid-2020 following the release of crucial Federal and Queensland government funding this week (07 February 2020).  More... 

Plans unveiled for fast-tracked Pimpama and Yatala South M1 Pacific Motorway exit upgrades
South-East Queensland motorists have been given their first look at plans for the $192.6 million M1 Pacific Motorway Exit 41 and Exit 49 upgrades at Yatala South and Pimpama (06 February 2020).  More... 

Adani pleads guilty to giving 'false or misleading documents to an administering authority', fined $20k
Mining giant Adani has been fined $20,000 after pleading guilty to providing false or misleading information to Queensland's environmental regulator. No conviction was recorded against the company Adani Mining Pty Ltd, in the Brisbane Magistrates Court (06 February 2020).  More... 

Master Builders Qld:  BIF legislation introduced
The government introduced the next phase of its controversial Building Industry Fairness legislation today, making the bold promise of a new era for tradies (05 February 2020).   More... 

New era for tradies with project trust account roll-out
The Palaszczuk Government's record of job creation will be strengthened through landmark reforms that will help ensure tradies are paid in full, on time (05 February 2020).  More...

Victoria

Works underway at Australia’s first heart hospital
During construction, 90 per cent of materials to build the hospital will come from local suppliers, and more than 1,700 construction jobs will be created. It’s just one of the projects the Labor Government has or will deliver as part of its unprecedented $7 billion health infrastructure build program (07 February 2020).  More... 

Full steam ahead for on-dock rail
Minister for Ports and Freight Melissa Horne approved a proposal by Port of Melbourne Operations that will see an investment of $125 million in new rail infrastructure (30 January 2020).  More... 

Practice and courts

New NatHERS certificate to be rolled out by 30 April 2020
A new NatHERS certificate will soon come into use as software tools transition to Chenath Engine version 3.21.The new NatHERS certificate has been developed after significant consultation with industry users and will replace the previous “universal certificate” for all new assessments from 1 May 2020. Preview the new NatHERS Certificate

Green Building Council of Australia (GBCA) draft credits
GBCA have introduced eight categories to more accessibly define a building’s sustainability. Within these categories there are a number of draft credits that all buildings seeking a Green Star rating are expected to comply with: these are proposed as new Minimum Expectations for every Green Star rated building. Feedback is invited until the end of February 2020. Click here for more information. 

NSW

NSW Government Consultations - Sydney Gateway Road Project
28th November 2019 to 21st February 2020.  More... 

Building Information Modelling (BIM) for WHS management
What is the best practice and implications of using BIM in WHS management?
Timeline of project; Project completion: Mid 2021.  More... 

Queensland

QBCC: Important changes for Mechanical Services Licences
New mechanical services licensing requirements will commence on 1 January 2020. The new laws will apply if you contract for, supervise or personally carry out mechanical services work in Queensland regardless of the value of the work. These changes will be implemented in a phased approach:
From 1 January 2020 all new businesses (contractors) commencing mechanical services work for the first time and apprentices finishing a relevant apprenticeship after 31 December 2019 will need to hold a relevant mechanical services licence.
From 1 January 2020 all existing QBCC licensed refrigeration and air-conditioning contractors will transition free of charge to the new equivalent mechanical services licence. These licensees will not have to do anything.
From 1 July 2020 all existing contractors who perform mechanical services work, including medical gas, must be licensed.  More... 

QBCC: Safer Buildings program enters final stage
The QBCC is administering the three-part Safer Buildings program to understand the extent of combustible cladding use in Queensland’s private buildings. The Safer Buildings program has advanced considerably with Part 3 of the combustible cladding checklist now underway. The deadline for building owners to finalise the Part 3 assessment is 3 May 2021. For more information on the Safer Buildings program, click here. 

Victoria

VBA: Changes to the occupancy permit application process for prescribed temporary structures
The Victorian Building Authority has introduced a new occupancy permit application process for prescribed temporary structures, which commenced on Monday, 3 February 2020. The VBA has also published guidelines to ensure the expectations of an application are communicated clearly and transparently. For more information, visit the VBA’s prescribed temporary structures portal (05 February 2020).  More... 

Engagement begins for engineers' registration scheme
The new Professional Engineers Registration Act 2019 will initially require structural, civil, mechanical, electrical and fire safety engineers to be registered.  The scheme is due to commence from 1 July 2021 and has been designed to include other engineering disciplines over time.   Public consultation will occur via Engage Victoria in the first half of 2020. Victorians can get updates on the professional engineers' registration scheme, and proposed timelines, on Engage Victoria

VBA: Carpenters selected for first stage of trades registration
Carpenters will be the first group of trades registered under Victoria’s recently developed trades registration framework. Provisional registration and licensing for carpenters is expected to commence in mid-2021. For more information and answers to frequently asked questions, refer to the Engage Victoria website

Proposed Electricity Safety (Electric Line Clearance) Regulations 2020
ESV invites interested parties to make comments on the regulatory impact statement and proposed Regulations including any proposed fees. Submissions must be received by 6 March 2020..  More... 

Cases

Villani, in the matter of Bounty Mining Limited (administrators appointed) (receivers and managers appointed) [2020] FCA 24
CORPORATIONS – application by administrators for extension of convening period for second meeting of creditors under Corporations Act 2001 (Cth) ss 439A(6) and 447A(1) – where investigations into companies incomplete – where administration complex – where receivers and managers simultaneously considering sale of business as a going concern – consideration of potential benefit to creditors – whether five month extension sought unduly long. Corporations Act 2001 (Cth) Pt 5.3A, ss 438B, 439A, 439C, 447A

NSW

 The Owners Strata Plan 87265 v Saaib [2020] NSWSC 21
1. Uphold the claim by the Owners Corporation of client legal privilege in respect of the email
2. Mr Saaib's application to be permitted to inspect and copy the same is refused.
CIVIL PROCEDURE – notices to produce – client legal privilege – whether documents privileged under s 119 Evidence Act 1995 (NSW) – communications between plaintiff and witness where witness is also defendant in contingent proceedings – implied obligation of confidentiality where dominant purpose of communications is obtaining evidence
Competition and Consumer Act 2010 (Cth), Sch 2 – The Australian Consumer Law, s 18; Evidence Act 1995 (NSW) ss 117, 119, 131A; Home Building Act 1989 (NSW)

Queensland

Buchanan v Ward [2019] QCAT 396
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – PERFORMANCE OF WORK – where applicant had retained services of respondent to undertake air conditioning repair work pursuant to an oral contract – where air conditioning still inoperable after work – questions as to standard of workmanship and safety of repairs undertaken by respondent – circumstances where respondent attributes problems to pre-existing defects outside the scope of the oral agreement – whether performance of works regulated by the Queensland Building and Construction Commission Act 1991 (Qld). Queensland Civil and Administrative Tribunal Act 2009 Qld s 63, s 100, s 102; Queensland Building and Construction Commission Act 1991 Qld

Cross v Barrett [2020] QLC 6
ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COMPENSATION – where the parties were referred to the Court for a compensation determination for the term of the renewal of a mining claim – where the Court determined compensation on the basis of limited evidence – whether the evidence of a previous compensation agreement was instructive for determining the amount of compensation – whether an amount for the time the landholder required to inspect the property should be included in compensation determination

Manlangit and Hatton v Gnocco [2020] QCAT 14
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – DAMAGES – MEASURES OF – LEGALITY – oral contract between building owner and building contractor – where the building contractor was unlicensed –– where the building contractor performed unlicensed building work – where the building contractor was not entitled to consideration for undertaking that building work – assessment of damages against an unregistered building contractor
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – SPECIAL RELATIONSHIP AND DUTIES – where there was a vulnerable homeowner – whether the unlicensed builder owed a duty of care to homeowner – damages payable where work is defective
Queensland Building and Construction Commission Act 1991 Qld s 7, s 28, s 30, s 31, s 34, s 42, Schedule 1A, Schedule 1B, Schedule 2; Queensland Civil and Administrative Tribunal Act 2009 Qld s 28

Civil Mining & Construction Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd [2020] QSC 1
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – OFFERS OF COMPROMISE, PAYMENTS INTO COURT AND SETTLEMENTS – OFFER OF COMPROMISE OR OFFER TO SETTLE OR CONSENT TO JUDGMENT PURSUANT TO RULES – GENERALLY – where there was a claim and counterclaim – where the parties exchanged formal offers to settle the claim and counterclaim – where both offers were for an all-up sum that did not distinguish between the claim and counterclaim – where separate judgments were given for the claim and counterclaim – whether either of the offers were more or less favourable than the orders obtained – whether the offers could be compared with the net result of judgments on the claim and counterclaim
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT – where both parties were generally successful on their claims – where the plaintiff achieved a positive net outcome – where the defendant identified various breaches by the plaintiff of the undertaking in r 5 – where the Court had previously made wasted costs orders – where the proceedings concerned a complex construction dispute – whether the “event” was the plaintiff’s securing of a net positive outcome – whether the Court should depart from the general rule as to costs 

Cherwell Creek Coal Pty Ltd v BHP Queensland Coal Investments Pty Ltd & Ors [2019] QCA 276
The Land Appeal Court dismissed appeals LAC006-18 and LAC007-18 from decisions of the Land Court ordering the disclosure, without redaction, of certain contractual provisions relating to take or pay elements of rail contracts. It  is  common  ground  that  those  documents  are  commercially  sensitive.  
Order  3  made  by  the  Land  Appeal  Court  in  appeal  LAC002-19  be  stayed  pending  determination of the application for leave to appeal and the appeal from the decisions of the Land Appeal Court in appeal LAC006-18 and LAC007-18. 

Victoria

Re Jugganort Constructions Pty Ltd (in liquidation) [2020] VSC 13
CORPORATIONS – External administration – Application by former administrator for determination of remuneration – Section 60-10(1)(c) of the Insolvency Practice Schedule (Corporations) (Schedule 2 to the Corporations Act 2001 (Cth)) – Remuneration approved.

Legislation

NSW

Proclamations commencing Acts
Better Regulation Legislation Amendment Act 2019 No 23 (2019-623) — published LW 16 December 2019
Schedule 1 amends the following Acts—(a)Building and Construction Industry Security of Payment Act 1999 No 46,(b)Building and Development Certifiers Act 2018 No 63,(c)Building Professionals Act 2005 No 115,
Reminder: Proclamation, appoint 23 March 2020 as the day on which Schedule 1.8[3] and [4] to that Act commence.

Queensland

Updated Bills 

Mineral and Energy Resources and Other Legislation Amendment Bill 2020
Introduced by: Hon A Lynham MP on 4/02/2020
Stage reached: Referred to Committee on 4/02/2020

Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2020
Introduced by: Hon M de Brenni MP on 5/02/2020
Stage reached: Referred to Committee on 5/02/2020

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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