Important COVID-19 Update

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These are certainly challenging times for us all.

We are committed to doing everything we can to prioritise the wellbeing of our people, those who use our services and their representatives and the communities we serve to help contain the spread of COVID-19. Following the Prime Minister’s announcement on Saturday, our people will begin working remotely from today, Monday 23 March.

Having well developed online dispute resolution options, it will in many ways be business as usual for us as we focus on providing a seamless service, regardless of where our Registry staff, adjudicators, arbitrators and mediators are working.

We know you are working through similar challenges to ours and that these are uncertain times for everyone. From all of us here we send our thoughts to you, your teams and families.

If you have any questions, please do not hesitate to get in touch. Please let us know if we can be of further assistance to you and we will keep you informed with any further updates.

April 2019

In this issue, we feature an article on the warning apartment owners may take from the recent Court of Appeal decision in Body Corporate S73368 v Otway. This decision creates some financial uncertainty for owners who could now be liable for repair costs to units other than their own. We also look at the limitations of a Professional’s obligations when working for free, the trials and tribulations of expert witnesses and we investigate the Queensland’s Building Industry Fairness (Security of Payment) Act 2017. Sarah Holderness and Nick Gillies discuss ten guidelines the government could consider in its approach to construction contracts and we look at the proposed new government procurement rules.

In ‘Case in Brief’ Laura and Kate Badcock look at the impact of the recent decision in M Davenport Builders Limited v Greer & Anor [2019] EWHC 318 (TCC) and how this works in the New Zealand context.

On page 43 Catherine Green reviews Charles O’Neil’s exciting new book: Global Construction Success.

CONTENTS
  • Apartment Owners Beware: Who Pays?
  • Turf Wars – Scoping the Limitations of a Professional’s Obligations When Working for Free
  • Case in Brief: M Davenport Builders Limited v Greer & Anor [2019] EWHC 318 (TCC) 
  • Stand Down if you Can’t Deliver: The Trials and Tribulations of Experts 
  • Construction Contract Reform: Ten Guidelines the Government Could Adopt 
  • Change on the Horizon: What You Need to Know About the Proposed New Government Procurement Rules 
  • Book Review: Global Construction Success by Charles O’Neil
  • Queensland’s Building Industry Fairness (Security of Payment) Act 2017 – Is it Building Fairness?