The Victorian Department of Treasury and Finance has issued a suite of contracts that applies to public construction procurement.

Practical tips are included on:

• dealing with the receipt of an adverse adjudication determination
• assessing the options regarding a subcontractor's charge over moneys payable to its head contractor where the head contractor goes insolvent
• determining the extent of warranties in relation to asbestos contaminationassessing the fall-out impact on a builder’s licence due to the insolvency of its interstate related party.

The latest decision, this time in Victoria’s Court of Appeal, on a builder’s ability to claim a fair and reasonable value of work performed after the building contract is terminated is also analysed.

Legislative update

Australia, New Zealand and the UK

• National Cladding Update

New South Wales

• Section 48K is not a universal time-bar – alternative forums may still be available | Home Building Act 1989 (NSW)

Queensland

• Architects and engineers are now links in the chain of responsibility for non-conforming building products | Queensland Building and Construction Commission Act 1991 (Qld)

Victoria

• New Ministerial Directions for the efficient, economical and effective delivery of public construction procurement | Ministerial Directions for Public Construction Procurement in Victoria

In the courts

New South Wales

• Don't wait to seek legal advice following an adverse adjudication! | In the matter of Powerpark Systems Pty Ltd [2018] NSWSC 793

• Director reprimanded for company's failure to comply with rectification orders | Younan v Commissioner for Fair Trading [2018] NSWCATOD 9

Queensland

• Subcontractor's ability to enforce its charge over moneys payable to head contractor is uncertain when head contractor goes insolvent | Crib Insulation Pty Ltd v The Ashtay Group Pty Ltd (In Liquidation) & Anor [2018] QDC 185

• Asbestos contamination - warranties under standard form REIQ contract  | Intensia Pty Ltd v Nichols Constructions Pty Ltd [2018] QCA 191

• Poor cousins - interstate insolvency can lead to a builder's licence cancellation | Midson Construction (Qld) Pty Ltd & Ors v Queensland Building and Construction Commission & Ors [2018] QSC 199

Victoria

• Court of Appeal faced with deciding the availability of quantum meruit following repudiation of a building contract | Mann v Paterson Constructions Pty Ltd [2018] VSCA 231