GOING GREEN – PART 2 – ENERGY REGULATIONS AND ENFORCEMENT

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Australia’s energy sector is in the throes of an energy transition to reach net-zero emissions by 2050 and is being driven by the evolving power supply mix, ageing infrastructure, weather, changing technologies and consumer preferences. It is critical for all energy participants to understand the regulatory and enforcement frameworks within the energy sector to increase certainty and maximise compliance. Australia’s …

Security of Payment – Importance of Proving Service

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The recent case of Equinox Construction Pty Ltd v Henning & Anor [2021] QSC 223 confirms the importance of providing sufficient evidence to prove ‘service’ of an Adjudication Application under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act). Inability to confirm proper service will likely result in the Adjudication decision being voided by the courts. Facts …

GOING GREEN – PART 1 – THE ENERGY TRANSITION

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It is an exciting time for the energy sector to transition to green energy sources with a plethora of growth and opportunities. The Australian Renewable Energy Agency (ARENA) have already invested $1.77b in renewable energy projects and advance renewable energy technologies in Australia. Despite the International Energy Agency’s forecast that the world’s total renewable-based power capacity will increase 50% between …

Projects & Construction Monthly – September Edition

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Welcome to the September edition of Projects & Construction Monthly. This edition covers: the ongoing impacts COVID-19 has on the construction industry; the current skilled labour shortage being experienced in the construction industry; the importance of ensuring proper safety regimes are in place despite costing pressure; LPC Lawyers’ ongoing fundraising efforts as part of the Bridge to Brisbane; and LPC Lawyers’ …

ROAD SERIES – PART 4 – DISPUTE RESOLUTION MECHANISMS

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The LPC Australian Road Series has explored the finer details of the contractual documents and material which underpin road projects in Australia. Throughout the series, valuable insights have been provided into the operation of major road projects, but it remains critical to understand how proposed dispute resolution process operate where disputes arise during the delivery of a project. Road Projects …

ROAD SERIES – PART 3 – TYPICAL CONTRACTING STRATEGIES AND RISK ALLOCATION

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The increasing complexity and scope of infrastructure projects in Australian can present challenges to the underpinning contractual agreements. Further, those involved in road projects in Australia increasingly face competing implementation methods. This article looks to explore approaches commonly utilised within Australian road projects, noting key considerations to keep in mind. Risk Allocations Importantly, regardless of the contractual approach adopted, the …

ROAD SERIES – PART 2 – PROJECT START-UP AND COMMENCEMENT

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A construction project does not begin at the soil turning ceremony or when the first contract is executed, but much earlier, when it is only an idea yet to be properly explored or vetted. Whilst many projects do not make it past this early inception stage, for those that do, the process from inception through to soil turning is often …

ROAD SERIES – PART 1 – CURRENT ROAD PROJECTS IN AUSTRALIA AND THEIR IMPORTANCE

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This article forms the first in a four-part series exploring the legal underpinnings of the Australian roads industry. The series will explore various legal questions and considerations relevant across the roads industry, from project inception through to practical completion. The Australian road industry continues to experience large-scale growth as continued investment occurs into domestic infrastructure. Underpinned by the Federal Government’s …

Projects & Construction Monthly – August Edition

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Welcome to the August edition of Projects & Construction Monthly. Brisbane is ready to welcome the world in 2032 It’s time to don your best green and gold as Brisbane celebrates the International Olympic Committee’s (IOC) decision for the river city to host the world’s greatest sporting event, the Olympic and Paralympic Games (the Games), with 72 votes to five. …

WATER SERIES – PART 4 – WHEN THINGS GO WRONG

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The final instalment of LPC’s What’s Up in Water? will identify common areas of dispute in construction projects, as well as considerations for an effectively (and appropriately) drafted dispute resolution clause. Disputes in major construction projects are commonly caused by a change in the scope of work, lack of access to site, failure to price accurately, failure to make payment, delay (including …