Meet the Co-chairs - TAGLAW

Rintoul, David
Clarkslegal LLP

Mead, Patrick
Carter Newell


Authors: Mark Kenney, Partner and Karl Higgins, Solicitor

‘Unknown Unknowns’ are not simply a Donald Rumsfeld double negative; but can now also be considered a genuine area of claims in relation to construction contracts.

We are all familiar with the concept of ‘Known Unknowns’, the classic being latent conditions. These are known areas of risk where the specific risk itself is unknown, but the possibility has been addressed by implementing processes under the contract for managing the response and making claims where the risk materialises.

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Come 1 July 2018, Queensland will see the repeal of the Building and Construction Industry Payments Act 2004 (Qld) and the Subcontractors' Charges Act 1974 (Qld). Instead, Queensland will operate under a single consolidated piece of security of payment legislation called the Building Industry Fairness (Security of Payment) Act (BIF).  

Read more: Security of Payment in Queensland, Australia - The changes are on your doorstep...

The Sectoral Employment Order (Construction Sector) 2017, which was signed into law on 19 October 2017, fixes statutory minimum pay, unsocial hours’ payments, pension entitlements, sick-pay entitlements and dispute resolution procedures for various categories of workers in Building Firms and Civil Engineering Firms. What constitutes a Building Firm or a Civil Engineering Firm is defined in the Order.

Read more: New Legally Binding Terms of Employment for Workers in the Irish Construction Sector

Author: Patrick Mead, Partner

It is not uncommon on major building projects for scratching to glass panes or panels to be observed pre-practical completion (or during the defects liability period), and a question can thus arise as to whether contract works policies are likely to respond to indemnify the project participants with respect to damage of this nature.

This damage is often caused by one or more combinations of the following:

  • Scratching during installation;
  • Scratching post installation;
  • Weld splatter; and/or
  • Cleaning of the glass.

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The Government published its much-anticipated Housing White Paper on 7 February 2017. The White Paper contains no silver bullet, as addressing the housing crisis will require tweaks throughout the complex web of intersecting policy areas involved. We have picked through the White Paper with a fine tooth comb and identify these five key planning points for developers:

Read more: Housing White Paper: Five key planning points for developers in the UK