Latest Legal Blogs : building and construction
Building and Construction Case Wrap Up 2017
With several large construction projects underway in the region, and more in the pipeline, it is time for those involved in the building industry to brush up on their legal knowledge. Below we have set out reports on selected key cases and key legislative amendments from the last year. Keep an eye out for our free information sessions for all parties involved in the construction industry. The sessions will cover selected topics on contract administration, security of payment and insolvency.
Developing Land Adjoining Heritage Places
Owners of properties that adjoin heritage places are affected by the new State assessment trigger. This is set out in the Planning Regulation 2017. Presently, development on a Queensland heritage place is assessable development, unless: An exemption certificate has been given under the Heritage Act The development is liturgical development The development is carried out by the State The development is PDA-related development The development is carried out for the cross river rail project. If you make a material change of use application for a premises that shares a common boundary with a lot that is, or contains, a Queensland heritage place, the application will be subject to code assessment and be subject to a referral trigger to the State.
No amount for liquidated damages in the contract = no protection for the builder
Adapt Constructions Pty Ltd -v- Whittaker and Luff [2015] ACTSC 188 Residential building contracts - failure to insert an amount for liquidated damages. This recent decision shows that a failure to insert an amount for liquidated damages in a contract does not prevent the owner claiming damages for delayed completion. To read more please click here. Adapt Constructions was engaged by Whittaker and Luff to build a house in the ACT. A number of disputes arose between the parties, one of which was whether the owners were entitled to $41,000 in 'delay damages' arising from the late completion of the contract.