It has been a year of increasing regulation and regulatory change in the construction industry, particularly in NSW, including:
- the introduction of modern slavery legislation (see more in our Procurement wrap-up below)
- amendments to the NSW Security of Payment Act
- 'teeth' given to cladding legislation enacted in 2017, with the first building product use ban being imposed in August
- amendments to environment and planning legislation introducing new laws that also relate to buildings with combustible cladding which commenced on 22 October 2018.
In contrast, there has been an attempt at reducing red tape under the Home Building Act 1989 (NSW) with recent amendments simplifying licencing requirements for builders.
Looking ahead, we will be closely monitoring:
- the resurrection of AS11000 which is expected to be announced in 2019
- the publication of the third edition of GC21 (which is expected to be in two versions, one linear and one non-linear)
- impacts of the ipso facto reform, limiting a party's right to terminate a near insolvent contract counterparty.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
