Meet the Co-chairs - TAGLAW
Author: Sadie Pitman
Our specialist planning lawyers look at an amendment to a regulation designed to speed up the delivery of housing. The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 ("the Amendment Regulations") came into force on 1 September 2019 but what can you take from it?
Following Keith Lancaster's blog post, written in anticipation of the Amendment Regulations this July, we can now look more closely at the changes imposed by the Amendment Regulations.
Authors: Margot King and Samantha Gou
Project Development Agreements (PDAs) are often used in urban regeneration and other development projects; they allow the government landowner to keep control of the precinct development and allow the developer to defer payment and land acquisition. Their implementation over the project lifecycle means that clauses will be tested, as will the relationship between the parties. It is important that the PDA is carefully negotiated and drafted to avoid pitfalls during project implementation.
Technology is affecting the way claims are made and dealt with in many different ways. It is making it easier not only to find out relevant information but also to present it to those who need it, whether that be lawyers, experts, commercial decision makers, or adjudicators/judges.
Collecting and managing documents
E-disclosure, - the process of collecting electronic documents, processing and de-duplicating them, searching them with keywords to create a set for review, and reviewing and tagging them for issues and for disclosure in dispute proceedings – is nothing new. However, it has not always been cost effective on smaller disputes and nor has it been mandatory.
The Victorian Civil and Administrative Tribunal has recently handed down the long-awaited decision on the Lacrosse apartment tower litigation. The litigation was instituted by the owners corporation and individual unit holders against the builder, LU Simon. The decision has important implications for builders and building professionals in particular, in relation to combustible cladding.
Changes arising from the Building Industry Fairness (Security of Payment) Bill (Qld) (Bill) commenced operation on 17 December 2018. Most are aware that, as a consequence, the second tranche of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) has now come into effect and has replaced the Building and Construction Industry Payments Act 2004 (Qld) and the Subcontractors’ Charges Act 1974 (Qld).
However the Bill also led to significant amendment of the Queensland Building and Construction Commission Act 1991 (QBCCA) to strengthen obligations regarding defects liability and the release of security by way of retention.
The QBCCA already placed restrictions on the amount of security able to be held under construction contracts in Queensland. Subject to some specific exception the restrictions are 5% of the contract price for head contracts (s 67K) subject to an ability to contract out in writing and 5% for subcontracts (s 67L) with amounts under both levels of contract to be reduced to 2.5% after practical completion (s 67N).
The amendments now expand obligations with respect to both retention and defects liability.