What's New in Construction, Infrastructure and PPPs

Brisbane-based mining engineer Sedgman has won a $9 million contract to design and construct an upgrade of the Sonoma mine’s coal processing plant. Located south of Collinsville at the northern end of Queensland’s Bowen Basin, the Sonoma mine is owned by a joint venture between Australian, American and Asian companies (21 May 2009)

Australia’s towns and suburbs are about to be transformed into construction sites, with the Rudd Government poised to roll out 35,000 construction and maintenance projects in the next 12 months.

Massive construction program is already well under way, with the Government spending money from its economic stimulus packages to build roads, rail lines, school buildings and houses to maintain economic activity in the face of the global recession (25 May 2009)

There is more than a billion dollars for the world’s latest solar energy project up for grabs, and economic agencies across North Queensland are hoping to jump start the region’s bid. Prime Minister Kevin Rudd announced plans this week to build the “world’s largest” solar power station somewhere in Australia, with appropriate locations would be selected through a tender process later in the year. The successful bidders will be announced in 2010 (22 May 2009)

Sir Richard Branson's 9.2ha island vision of a multi-million dollar, five-star Noosa River hideaway for his staff has been plagued with problems, culminating with Virgin chiefs lodging a counter-lawsuit against the Sunshine Coast builder hired to do the job. The suit against Noosa Builders claims failure to complete the $4 million project (22 May 2009)

 

Water authorities have defended their response to a rupture in one of Brisbane's main supply pipelines that swamped parts of the city's west. Water grid acting chief Barry Dennien said the faulty pipe was built in 1969, making it only halfway through its life span of 100 years (19 May 2009) http://www.thedaily.com.au/news/2009/may/19/aap-burst-water-pipe-floods-brisbanes-west/

The Minister for Resources and Energy, Martin Ferguson AM MP, has called for project proposals for the Australian Government's $2 billion Carbon Capture and Storage (CCS) Flagships Program. The 2009 Budget included $4.5 billion for the Clean Energy Initiative, of which $2 billion will go to building at least two, and up to four, industrial scale CCS projects in Australia

 

Under the government's $42 billion Nation Building and Jobs Plan, businesses such as civil contractors, quarries, plant hirers and owner-operators are able to claim a bonus deduction of 30 per cent for eligible assets including earthmoving and construction and other capital equipment, costing $10,000 or more (20 May 2009)

 

 

Author: Malcolm Holmes

Source: Australian Law Journal, Vol 83, No 5, May 2009: p305-318

 

The Minister for Infrastructure and Planning has declared the Northern pipeline Inter-connector Stage 2 to be a prescribed project and a critical infrastructure project pursuant to section 76e of the State Development and Public Works Organisation Act 1971. The declaration end on 31 March 2012 [Qld Govt Gazette: 15 May 2009:p255] See Infrastructure Projects at http://www.dip.qld.gov.au/

Advises that a guideline for the Queensland Development Code (QDC) Mandatory Part (MP) 6.1—Maintenance of fire safety installations is now available on the department’s website (19 May 2009)http://www.dip.qld.gov.au/resources/newsletter/newsflash-366.pdf

This updates stakeholders on the class 2 building classification draft guideline (see newsflash 327) and to consult on a proposed Queensland amendment to the definition of the class 2 building classification in the BCA (20 May 2009)

Right to Information Bill 2009

Information Privacy Bill 2009

Queensland Civil and Administrative Tribunal Bill 2009

Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Bill 2009

Mines and Energy Legislation Amendment Bill 2009

Water and another Act Amendment Bill 2009

 

Costs on an indemnity basis

Application for Review - “Defects” and s 2.1 Of the Insurance Policy (6th ed.) – water penetration – method construction inadequate and resulted in water penetration – absence of sarking and water proof membrane.

Contract- breach – unreasonable delay in completing work provisional sum – application of sections 48, 59 and 60 of Domestic Building Contracts Act 2000, adjustment of provisional sum by the Tribunal – Damage

 

Application for legal representation

 

Disciplinary Proceedings – unlicensed building work – penalty

 

Disciplinary proceedings – unlicensed building work – failing to comply with a direction to rectify – penalty

Jurisdiction

 

Application for legal representation

 

Building Contract - partly oral and partly in writing, Domestic Building Contracts Act 2000 Sections 9(1) and 30 http://www.tribunals.qld.gov.au/B/bDecisions/BD348-08%20DEC%2008-05-09.pdf

 

Costs, sections 70 and 71 of The Commercial and Consumer Tribunal Act 2003

 

An application to extend time to review a decision of the Queensland Building Authority Section 52 of the Commercial and Consumer Tribunal Act 2003

Contractual claim for interest – correction of omission from decision – section 94 of the Commercial and Consumer Tribunal Act 2003

 

Costs

 

Application to extend time – section 52 of the Commercial and Consumer Tribunal Act 2003 – self-executing or guillotine order – section 52(4)-meaning of prejudice and detriment

 

Contract; Practical Completion and compliance with terms of contract; Termination; Builders liability for damage to owner supplied items; damages

 

Application to Review; Queensland Building Services Authority Act 1991 sections 56AC, 56AD (8); consideration of whether steps taken were reasonable in the circumstances

 

Claim under building contract - summary decision under section 125 of Commercial and Consumer Tribunal Act 20903 - whether adjournment should be granted - claim for loss of profits discontinued - claim for escalation after date of termination disallowed - other items allowed

 

Jurisdiction; building work; installation of cupboards into a residential home unit which become fixtures Domestic Building Contracts Act 2000 section 8

 

Application for costs – indemnity costs sought – offer – Commercial and Consumer Tribunal Act 2003 – sections 70, 71, 138 and 142

 

A damages claim for defective work, liquidated damages, responsibility to install scaffolding

Defective work by sub-contractor

Costs, Commercial & Consumer Tribunal Act 2003, sections 70 & 71

Application for money held in Trust to be paid out – rectification completed

Application for an extension of time to review a direction to rectify – Sections 52, 86(1) (e) and 101 - Commercial and Consumer Tribunal Act 2003

 

Queensland Building Services Authority Act 1991, section 56AD - categorization as permitted individual – section 86(1) (j) - review of QBSA decision to dismiss application – applicant a

Director of company placed in liquidation - death threats to builder – claims against builder’s company – withdrawal of legal representation at hearings in NSW – judgments obtained in absence of representation or appearance – appeals pending – winding up petition based on judgments the subject of appeals – acceleration of secured debt by filing of petition – unable to

Identify reasonable steps not taken – decision set aside – categorized as permitted individual

Application for summary decision – claim under section 111C of the Queensland Building Services Authority Act 1991 - regulation 10A of Queensland Building Services Authority Regulations – expiry of stay order – whether conditions upon which granted continue to apply – application for variation of stay order