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In this edition:

Australian legislative update

New South Wales

• NSW introduces legislation to address combustible cladding | NSW Building Products (Safety) Bill 2017

Queensland

• Queensland chain of supply legislation commenced on 1 November 2017 | Building and Construction Legislation (Non-Conforming Building Products ‒ Chain of Responsibility and Other Matters) Amendment Act 2017 (Qld)

• Queensland Government makes non-conforming building products code of practice to assist building and construction industries to comply with new duties

In the Australian courts

New South Wales

• No indemnity costs without a genuine offer of compromise | AAP Industries Pty Ltd v Rehab Pet Ltd (No. 2) [2017] NSWSC 1136
• Don't jump the gun on your payment claim | All Seasons Air Pty Ltd v Regal Consulting Services Pty Ltd [2017] NSWCA 289
• A purchaser of a newly developed property can claim compensation from the developer for defects in the builder's works | Barber v Wilson [2017] NSWCATCD 49
• What is the quantum in quantum meruit? | Bradshaw v Complete Coating Commercial Pty Ltd t/as CCC Civil [2017] NSWCATAP 209
• Mischief managed – court confirms strict interpretation of section 109ZK | Dino Dinov v Allianz Australia Insurance Limited [2017] NSWCA 270
• When does practical completion for residential building work occur? | Owners Corp SP 82076 v Taricon Pty Ltd [2017] NSWCATCD 37

Northern Territory

• Limitation on extending time for making an adjudication determination | INPEX Operations Australia Pty Ltd & Anor v JKC Australia LNG Pty Ltd & Anor (No 2) [2017] NTSC 61

Queensland

• Independent expert determination upheld | Drane v Aqualyng Holdings & Anor [2017] QSC 233

South Australia

• Stuck in the middle – clarifying opt-in or opt-out rights after the repeal of the Commercial Arbitration and Industrial Referral Agreements Act 1986 (SA) | ASC AWD Shipbuilder Pty Ltd v Ottoway Engineering Pty Ltd [2017] SASCFC 150
• Simple rules for a payment schedule | Fabtech Aust P/L v Exact Contracting P/L [2017] SADC 44

In the United Kingdom courts

• Interpreting 'mutual trust and cooperation' in NEC3 | Costain Ltd v Tarmac Holdings Ltd [2017] EWHC 319 (TCC)
• Assessment of Compensation Events under NEC3 Contracts | Northern Ireland Housing Executive v Healthy Buildings (Ireland) Limited [2017] NIQB 43