EPA Act
Before looking at the Bandelle decision, s 6.20 of the EPA Act
provides a long-stop limitation period of 10 years for
any loss arising from defective building works, irrespective of
when defects become apparent. Essentially, s 6.20 prevents any
person from bringing civil proceedings for loss or damage arising
from defective work if the works were completed more than 10 years
prior.
The intent of this provision is stop parties bringing actions
for allegedly defective works well after those works were
completed.
Background
On 2 January 2017, the Respondent, Sydney Capitol Hotels
occupied level 5 of a building located on George St, Sydney
(
Building), and had occupied this space since
In the media
PCA: HomeBuilder the workhorse of economic recovery
The success of the Federal Government s HomeBuilder grants program demonstrates the power of residential construction in supporting jobs and driving economic activity. According to new figures from Treasury, more than 75,000 households have applied for the HomeBuilder grant with around 80 per cent of these for new construction (20 January 2021). More.
Managing large-scale construction projects to avoid cost overruns
Researchers from the University of Stavanger, University of Melbourne, and University of Wisconsin-Madison have published a new paper in the Journal of Marketing that examines how major projects undertaken by temporary organisations can be better managed so that cost overruns are minimised. Such cost overruns are a common outcome of major engineering and construction projects (19 January 2021). More.
The NSW Government has enacted the
Design and Building Practitioners Act 2020 (DBP Act) to improve the quality of building and construction work. The DBP Act is designed to hold Design Practitioners, Principal Design Practitioners, Building Practitioners and Professional Engineers (registered practitioners) accountable for their work.
Whilst part of the DBP Act has already commenced, to give effect to key parts of the DBP Act on 1 July 2021 regulations will need to be put in place. A draft Design and Building Practitioners Regulation (
draft Regulation) has been released for public comment. The deadline for submission of public comments is 11 January 2021.
The draft Regulation covers a number of areas, including:
Engineers to escape licensing rules due to very dangerous loophole
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Engineers to escape licensing rules due to very dangerous loophole
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The majority of engineers in NSW will be free to practise without registration well after regulations intended to bolster the quality of construction come into force in July next year.
A lack of progress in fully closing a loophole has sparked warnings that NSW will remain a safe haven for unqualified engineers to work on rail, road and other construction projects.
Professional engineers warn that the government has failed to close a dangerous loophole .