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what’s news in construction & infrastructure?
latest news 25 june 2008
Commonwealth
Unions call for scaffold ban after buildingtragedy
23 June 2008
Construction sites could be hit by cost blowouts
as unions call for a ban on swing-stage scaffolding after 2 workers fell
to their deaths. Construction, Forestry, Mining and Energy Union spokesman,
Jason Stein, said “swing-stage scaffold was the cheapest, most dangerous
and popular method to perform exterior high-rise work”. more...
Victoria
Cost to offset desal plant's carbon footprint hits $42m
16 June 2008
Offsetting the Victorian desalination plant's
contribution to climate change will add $42 million a year to its electricity
bill, according to a new analysis from Environment Victoria. If based on
coal-fired electricity, the plant would pump out 1048 million tonnes of CO2/year,
equivalent to running 250,000 family cars. more...
Government will continue to seek costs against action groups: Premier
14 June 2008
Premier John Brumby has confirmed that the
state government will continue to seek orders for costs against litigants
who challenge state projects following a recent Federal Court decision against
the Your Water Your Say group. The group is reportedly facing a legal bill
in excess of $200,000 after having raised $22,000 to cover their own legal
fees. more...
Legal threat to Victorian wind project
10 June 2008
The much-delayed Bald Hills wind farm in Victoria
faces a new hurdle, with opponents threatening a High Court challenge to
try to scuttle the contentious project. more...
Progress report on major water projects
The Brumby Government has today released a report into
the progress of its major water projects underway throughout Victoria. The
Water Plan includes Australia’s largest desalination plant, irrigation upgrades
in northern Victoria, a network of pipelines to move water around the State,
increased water recycling and ongoing water conservation. more...
New South Wales
Beechwood collapse hits hundreds more
10 June 2008
Another 580 people are believed to be victims
of the collapse of Beechwood Homes in New South Wales, with none of them
protected by home building warranty insurance. Around 580 potential homeowners
had paid the company to draw up plans and lodge them with councils and NSW
Fair Trading Minister Linda Burney says they are not eligible for an insurance
pay-out, unlike others who had paid deposits or had homes partially completed. more...
Landmark planning reforms pass NSW Upper house
18 June 2008
The State’s Upper House has approved landmark
reforms overnight which will deliver a more efficient and transparent planning
system for NSW. Planning Minister Frank Sartor, said “the changes would cut
red tape for ordinary homeowners and small businesses and introduce independent
decision-making into the system”. These include: restoring reasonable rights
to property owners who want to undertake minor works, according to set rules,
which don’t affect either the neighbour or the neighbourhood and tighten
up rules around accredited certifiers and increase penalties, and strengthen
review and appeal rights for ordinary applicants. more...
NSW considers new airport, fast train
11 June 2008
Problems emerge in proposal to build an international
airport in Newcastle with a fast train link to Sydney. more...
Queensland
Fresh start for North Bank redevelopment: Lucas
18 June 2008
The redevelopment of North Bank had a fresh
start today with the opening of an independent workshop designed to help
revitalise the neglected section of the river. Acting Premier and Minister
for Infrastructure and Planning, Paul Lucas, said “around 50 people from
30 organisations would take part in a 3-day cooperative ‘enquiry-by-design’
to progress new North Bank proposals”. more...
NSW: new planning laws mean you'll need a lawyer: LGA
18 June 2008
Homeowners in NSW who object to their neighbour's
extensions will have to employ lawyers and go to court under new planning
laws, the Local Government Association (LGA) says. LGA president, Genia McCaffery,
said “that while the laws had passed the state's upper house early this morning,
the building codes to which they referred had not yet been developed”. more...
NSW unveils infrastructure plan
11 June 2008
The New South Wales Government has set out
how it intends to spend $140 billion on new and upgraded infrastructure projects
over the next 10 years. more...
Beechwood victims may get to own plans
19 June 2008
Victims of the collapse have been told by
the company's receiver, Deloitte, they do not own the house plans, even though
they have paid for them. NSW Fair Trading Minister, Linda Burney, said “the
government was negotiating with Deloitte to allow customers to purchase their
copyrights for a small fee”. more...
Big spend on capital works
11 June 2008
Roads and infrastructure were the cornerstone
of Brisbane City Council's record $2.66 billion budget, with more than a
third spent on capital works. Major projects include $864 million on roads,
bikeways and public transport and $138 million on TransApex projects such
as the Hale Street Bridge and Northern Link, $150 million to address climate
change and $60 million for 125 new buses. more...
John Holland wins $148m Murrumba Down Wastewater Plant upgrade
10 June 2008
Moreton Bay Regional council has awarded its
$148 million upgrade of Murrumba Downs Wastewater Treatment Plant to John
Holland. The project will utilise the latest technology in bionutrient removal
and odour control, and will meet rigorous environmental standards. A significant
part of the scope of works is a new odour control system, which will reduce
the impact of the plant on the surrounding community. more...
Qld builders may face green homesrequirements
15 June 2008
Queensland's Government wants to make new homes
being built in the state more environmentally friendly. It has released a discussion
paper proposing that new homes - built after January next year - must have
a 5-star energy rating. According to the Courier Mail the document says the
State Government is also looking at covenants and body corporate rules that
control the design of homes in a particular area, preventing energy-efficiency
being built in.
more...
Other
Desalination plant contract to Siemens
June 2008
Siemens and partner LogiCamms have been awarded
a significant contract to support South Australia's pilot Desalination plant
at Port Stanvac in the southern suburbs of Adelaide. This marks an important
step for the $1.1 billion Adelaide Desalination Project. more...
legislation
New South Wales
Bills passed by both Houses of Parliament
Building Professionals Amendment Bill 2008 Environmental
Planning and Assessment Amendment Bill 2008
State Environmental Planning Policies
State Environmental Planning Policy (Major Projects) 2005
(Amendment No 12) (2008-184)
Growth may outstrip planning
11 June 2008
The $107 billion infrastructure plan for southeast
Queensland might not be enough to meet growth, the state's peak development
organisation says. The Urban Development Institute of Australia's Queensland
branch also insisted some land currently set aside for rural production or
green open space needed to be released for new development. more...
HIA warns against council's essential services charge plans
17 June 2008
The Housing Industry Association (HIA) says
home buyers will feel the pain if the Townsville City Council goes ahead
with a plan to pass on the costs of essential services in new estates. The
council is proposing to charge the cost of supplying water, sewerage and
other essential services directly to developers, potentially increasing the
price of a new home by thousands of dollars. more...
Queensland
Regulations
Building Fire Safety Regulation 2008 (SL No 160 of 2008)
(principal) Electrical Safety and Another Regulation Amendment Regulation
(No. 1) 2008 (SL No 154 of 2008)
publications/conferences
Kyoto Treaty and Building Management
Source: Australian Building Services journal, 2008;
Vol.1: pp33-34 Subject: With the signing of the Kyoto Treaty by the new
Government, energy savings will soon become an even more pressing issue
for many hotel facility managers and engineers. One of the international
goals is to realize a 22% energy savings for buildings in 2012. more...
Purchaser entitled to terminate for vendor’s failure to
complete building in proper and trademanlike manner
Source: Australian Law Journal, May 2008; Vol.82(5):
pp302
Sustainability in building construction
ISO 15392:2008 identifies and establishes general
principles for sustainability in building construction. It is based on
the concept of sustainable development as it applies to the life cycle
of buildings and other construction works, from their inception to the
end of life. more...
QLD: proposed amendment to the Building and Construction
Industry (Portable Long-service Leave) Regulation 2002
Qleave has outlined the proposed change in a regulatory
impact statement, which describes the need for the rate rise, the evaluation
of impacts on the community and calls for public feedback. Closing date:
01 July 2008. Details: qleave website at: www.qleave.qld.gov.au
QLD: discussion paper - improvingsustainable housing in
Queensland
15 June 2008 The Queensland Government has launched
the Improving Sustainable Housing in Queensland discussion paper for public
comment. The discussion paper includes the proposal to introduce 5-star
(out of 10) energy equivalent rating for new houses and major renovations
in Queensland from 1 January 2009. more... more...
NSW Housing Code and heritage statement
13 June 2008 Under the draft code, items that are
State listed, as well as items within local heritage conservation areas
would require approval to be demolished. The draft code currently on exhibition
for public comment, only applies this demolition provision to single storey
dwellings on lots over 600 square metres in size, not to any other type
of building, including commercial or industrial buildings.more...
VIC: new regulations covering the construction industry
The new regulations covering the construction industry
come into effect from July 1 - this is Chapter 5.1 of the consolidated
OHS Regulations 2007. Check out the summary
of this chapter on the website. Also new is the summary of
Chapter
5.3: Major
Hazard Facilities .
VIC: how the Building Practitioners Boardhelps consumers
Every building or renovating project, no matter
how big or small, carries some sort of risk.. In Victoria, only registered
builders meet the required industry standards for qualifications, technical
skills, and experience. The Building Practitioners Board (BPB) is responsible
for the registration of Victorian builders and building professionals,
and supervises and monitors their conduct and ability to practice. more... more...
cases
Hitachi Ltd v O’Donnell Griffin P/L & Ors;O’Donnell
Griffin P/L v Hitachi Ltd & Ors [2008] QSC 135
Administrative law - judicial review - reviewable
decisions and conduct - review of particular decisions - adjudication of
progress payments under the Building and Construction Industry Payments Act
2004 (Payments Act) - where adjudication considered selected larger variation
claims but not numerous small claims - where applicant/respondent sought
an order that adjudication decision was void - whether having regard to legislative
intent, s 26 Payments Act requires an adjudicator to examine each and every
variation in a large claim - whether the adjudicator acted bona fides - whether
the adjudicator observed procedural fairness. Administrative law - judicial
review - grounds of review - jurisdictional matters - adjudication of progress
payments under the Payments Act - where payment claim included some variation
claims submitted in previous adjudication - where previous adjudicator had
considered those claims without assessing a specific value - whether the
value of those claims had been “previously decided” for the purposes of s
27 Payments Act - whether subsequent adjudicator’s treatment of those claims
constituted jurisdictional error. Procedure - Queensland - jurisdiction and
generally - generally - approbation and reprobation - where party adopted
inconsistent approaches in 2 adjudications - whether conduct amounted to
an abuse of process - whether conduct amounted to a denial of natural justice
- whether the second adjudication should be set aside as void. more...
Callide Coalfields (Sales) P/L v CS Energy Ltd & Anor [2008]
QSC 124
Coal supply contracts - provision for review - whether
to be construed so that in the event of dispute over price variation, the
dispute could validly be referred for expert determination - whether ‘review’
process should be construed as obliging the parties to renegotiate and agree
to variations, to restore consistency between agreement and certain specified
‘principles’.
more...
Lumbers v W Cook Builders Pty Ltd (in liquidation) [2008]
HCA 27
Quantum meruit - Services performed and subcontractors
paid - Entitlement to compensation
-
Appellants entered into oral agreement with building company for
construction of domestic dwelling - Respondent performed some of the construction
work - Appellants did not request respondent perform any services or pay
any subcontractors - Whether claim for quantum meruit or money paid available.
Restitution Unjust enrichment - Appellants accepted benefit of
construction work performed by and at the expense of respondent - Claim
that it would be unconscionable for appellants to retain benefit - Appellants
made no direct request of respondent - Whether restitutionary claim available.
Contract - Domestic building contracts - "Cost plus" oral agreement
between building company and owners
Informal reorganisation within building company's corporate group - Benefit
and burden of oral agreement informally assigned by building company to related
company - No notice given to owners of reorganisation or assignment - Some
subcontractors paid directly by owners - Acknowledgement by building company
that owners had met all progress claims made and paid all monies due under
the oral agreement - Whether related company can demand compensation from
owners for difference between amounts paid by owners and amounts outlaid
by related company together with margin for supervision and profit.
Hervey Bay (JV) Pty Ltd v Civil Mining and Construction Pty
Ltd [2008] QSC 128
The applicant established the adjudicator had made an error
of law which, on the applicant's argument, at least, had resulted in the
adjudicated amount being excessive by about $740,000. -decision has been
set aside. - course open to applicant to commence proceedings and seek summary
judgment and there may or may not be good grounds for opposing that application
- adjudication - costs. more...
Inform Design and Construction Pty Ltd v Boutique Homes Melbourne
Pty Ltd [2008] FCA
912
Copyright - copyright in project home designs - infringement
- objective similarities in designs - allegations of conscious or subconscious
copying - reproduction of substantial part of designs protection of idea or
expression of idea Copyright Act
1968 (Cth), ss
14(1)(b) , 31 (1)(a)(i) Trade Practices
Act 1974 (Cth), s
52
Northbuild Constructions Pty Ltd v Discovery Beach Project Pty
Ltd [2008] QCA 160
Contracts - building, engineering and related contracts -
other matters - where the appellant and respondent entered into a contract
for the construction of a high-rise development - where disputes arising under
the building contract were referred to experts for expert determination where
the contract expressly required the expert not to act as an arbitrator - where
the disputes involved questions of credit of witnesses - where the parties
approved of a procedure formulated by the experts which involved taking oral
evidence and permitting cross-examination of witnesses - whether, by agreement
and by the way in which the expert determination was conducted, the nature
of the proceedings was changed from expert determination to arbitration. Arbitration
- the submission and reference - how matters may be referred - what constitutes
reference to arbitration - where disputes arising under the building contract
were referred to experts for expert determination - where the contract expressly
required the expert not to act as an arbitrator - where s 4 Commercial Arbitration
Act 1990 (Qld) requires an agreement to refer a dispute to arbitration to be
in writing - where the disputes involved questions of credit of witnesses
- where the parties approved of a procedure formulated by the experts which
involved taking oral evidence and permitting cross-examination of witnesses
- where expert determination and arbitration may have characteristics of the
other - whether, by agreement and by the way in which the expert determination
was conducted, the nature of the proceedings was changed from expert determination
to arbitration. more...
Pacific Islands Express Pty Ltd v Empire Building Development
Pty Ltd [2008]
NSWSC 576
Corporations - winding up in insolvency - statutory demand
- requirement for an affidavit supporting an application to set aside a demand
- failure to satisfy "Graywinter principle" - whether court may extend
period for compliance with demand.
Building
and Construction Industry Security of Payment
Act 1999 (NSW), ss
23 , 24 , 25 , 32 ; Corporations
Act 2001 (Cth), ss
459F , 459G
Page v Home Team Constructions Pty Ltd
[2008]
NSWSC 613
Dispute arose between the parties as to the builder’s entitlement
to certain claims invoiced by it in respect of what may be generally termed
extras. - owners’ challenge to the judgment of the Local Court has been unsuccessful
Richard Shorten & Anor v David Hurst Constuctions Pty Limited & Anor;
David Hurst Constructions v Richard William Shorten & Anor [2008]
NSWSC 609
Practice and procedure - principles - claim for costs on
indemnity basis - calderbank letter containing no element of compromise - principles
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