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Case review 04/04/2023
Location, location, “location insured” – the Full Federal Court interprets a rainfall exclusion in a contract works policy
In the recent decision of Acciona Infrastructure Australia Pty Ltd v Zurich Australian Insurance Limited, the Federal Court of Australia held that insurers could rely on a rainfall exclusion in a contract works policy on the basis of logic and business efficacy. This decision highlights that insureds and insurers should be careful to ensure that the level of cover they hold is adequate, and that policies are appropriately drafted and priced.
Construction Brief: latest decisions April 2023
This update includes a round-up of recent court decisions and a CMA ruling dealing with breach of competition law, dispute resolution clauses and limitation, enforcement of an adjudication decision by a dormant company, terms and conditions of purchase orders and remediation compensation orders.
The Spring Statement 2023 – Budget for Growth?
Chancellor, Jeremy Hunt, delivered this year’s Spring Budget after a cloud of disruptive events culminating in the collapse of the Silicon Valley Bank.
What’s left of VCAT’s construction dispute jurisdiction?
The Honourable Justice Delany of the Supreme Court of Victoria recently held that the Victorian Civil and Administrative Tribunal does not have jurisdiction to determine claims for contribution brought pursuant to the Wrongs Act 1958 (Vic). In this article, we provide an overview of the decision and insights on the potential implications for VCAT’s Building and Property List.
Case review 03/02/2023
Tate Modern and the law of nuisance: time to take a different point of view?
On 1 February 2023, the Supreme Court handed down its long-awaited decision in the case of Fearn and others v Board of Trustees of the Tate Gallery. It is already being described as one of the most influential judgments of recent years.
Construction and building claims in Australia and beyond - a year in review
The legislative regime for construction and building legislation in New South Wales is currently undergoing a major overhaul with the proposed introduction of three new Bills designed to improve the regulatory framework and create end-to-end accountability for those who participate in the building and construction industry. In this article, we look at the proposed changes in conjunction with the key trends and issues in construction and building claims emerging across the Australian States and overseas.
Levelling Up and Regeneration Bill: briefing note
The Levelling up and Regeneration Bill aims to reverse geographical disparities between different parts of the UK by spreading opportunity more equally.
Further changes ahead for the construction industry in NSW
In 2020, the NSW Government implemented significant reforms focused on creating clear lines of accountability for defective building work. The reforms include the introduction of a statutory duty of care owed by ‘persons’ who carry out ‘construction work’ to take reasonable care to avoid economic loss caused by defects (Statutory Duty).
Digital twin technology: the opportunities and risks of digital twins in construction and real estate
In this article, we look at the opportunities of digital twin technology for the construction and real estate industries, as well as potential risk factors.
Cost of living crisis
In July 2022, the annual rate of UK inflation (10.1%) was the highest it has been since 1982, affecting the affordability of goods and services. The high rates of inflation are predominantly due to supply chain disruptions and consumer demand, and the substantial increases in energy prices.