If you are a builder in the Queensland, it is likely that you are required to hold a QBCC licence. The Building and Construction Commission Act 1991 (‘the Act’) and the Building and Construction Commission Regulation 2018 (‘Regulation’) imposes strict licencing requirements for individuals and companies which are carrying out, or undertaking to carry out, ‘building work’. The Queensland Building …
Projects & Construction Monthly – April Edition
Welcome to the April edition of Projects & Construction Monthly. This edition addresses: Recent Construction News; Work Health and Safety and Other Legislation Amendment Bill 2023; Government approves changes for Brisbane 2032 Olympics; Master Builders Australia helping to find missing trades; LPC Lawyers’ recently completed ‘Contract Considerations For The Current Construction Climate’ series; and Opportunities to join the LPC Lawyers’ …
CONTRACT CONSIDERATIONS FOR THE CURRENT CONSTRUCTION CLIMATE – INDEMNITY CLAUSES
What is an Indemnity Clause Indemnity clauses can be one of the most heavily negotiated provisions of a contract, as they are the enforceable agreement by which one party agrees to compensate another for loss, damage or expense. The purpose of an indemnity is to alter the statutory rights and common law position of the contracting parties, which can have …
CONTRACT CONSIDERATIONS FOR THE CURRENT CONSTRUCTION CLIMATE – TIME BARS
Under lump-sum contracts contractors are paid a fixed price for the delivery of an agreed scope of works by an agreed time, however, rarely do these three elements look the same at project completion. Practically, site instructions from the Principal may change the scope of works, extension of time (EOT) claims will vary the date for practical completion and variations …
CONTRACT CONSIDERATIONS FOR THE CURRENT CONSTRUCTION CLIMATE – COST ESCALATION CLAUSES
2023 was a volatile year for the Australian construction industry and current forecasts point to an equally unpredictable 2024. The construction industry continues to feel the effects of, among other things, wet weather delays, supply chain issues, labour shortages, and general escalation in material costs. Consequently, budget blowouts are expected to persist, along with the late delivery of projects across …
Natural Collaborators: Part 3 – Target Cost Contracts
Traditional contracts are often under pinned by risk profiles that have been extensively negotiated by the parties. However, in these negotiations the risk profile is often viewed as a zero-sum game, where one party inevitably ends up bearing the risk and the other doesn’t. Target Cost Contracts are collaborative contracts which seek to depart from such a static risk allocation …
Natural Collaborators: Part 2 – Drafting Collaborative Contracts
Collaborative contracts are underpinned by various drafting principles that parties should turn their mind to during contract negotiations. Importantly, where parties understand and agree on how collaborative principles should operate within the contracting regime, it can assist parties maximise the value which can be drawn from collaborating. Collaborative Contracting Provisions Collaborative contracting can be facilitated through the inclusion of cooperative …
Projects & Construction Monthly – March Edition
Welcome to the March edition of Projects & Construction Monthly. This edition addresses: Recent construction news; The case of Descon Group Australia Pty Ltd v 35 Merivale Pty Ltd [2023] QSC 276; LPC Lawyers’ recently completed ‘Built By Design’ series; LPC Lawyers’ current ‘Natural Collaborators’ series; and Opportunities to join the LPC Lawyers’ team. Recent Construction News Coomera Connector …
Natural Collaborators: Part 1 – Introduction to Collaborative Contracting
Australian projects are increasingly turning to collaborative contracting models, shifting away from the traditional approaches that have underpinned the construction industry. This change in the market highlights the need for principals, contractors, subcontractors, consultants, owners, and financiers, to be aware of these models and the key factors that might impact the outcome of a project. Why Collaborate Collaborative contracting departs …
Built By Design: Part 3 – Evolution Of Risk?
Design and construct (D&C) contracts have become the preferred project delivery method for Principals within the construction industry. Ultimately, the Principal can transfer the project risks related to preparing the final design to the Contractor. Part 3 of this article series will briefly discuss the evolution of design risk for Contractors under D&C contracts from tender to the final design …