Andy Thomson

Are you a principal or contractor who has received news that you’re about to be served with an adjudication application? Are you thinking of strategies to prevent the other party from commencing an adjudication application against you? Good luck with that! A recent WA Supreme Court case serves as a reminder to principals and contractors that the balance of convenience favours the party opposing the injunction application, and it would be very difficult to obtain an injunction to prevent an adjudication application. To read more about the case and what the key takeaways are for you and your business, read this summary prepared by Construction Partner, Lauren Cook, and Senior Associate, Cherry Lee 👉 https://bit.ly/4e93xoP

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VIC CPD ONLINE | MANAGING KEY LIABILITY RISKS FOR ARCHITECTS 1 Formal CPD Point When: Wednesday 21 August, 12 - 1 PM Sponsored by Natspec OVERVIEW Whoever said that architecture was easy? Since every project involves a unique combination of site conditions, client preferences and design constraints – all of which architects are called on to manage in a constantly changing market – practicing architecture is inherently risky. However, many risks on construction projects can be reduced with knowledge, planning, and the implementation of good systems. Wendy Poulton, Manager Risk Services at informed by Planned Cover, will focus on a few of the key underlying risks that contribute to legal claims against architects in the domestic and commercial spheres, such as legislative compliance, managing sub-consultants and keeping the right records. Laurence Gottlieb, Broking Manager at Planned Cover, will explore a different aspect of risk management by providing an update on the insurance market for architects. CPD This presentation is equivalent to 1 total hour/point of formal CPD and will deliver outcomes related to the following Competencies from the National Standard of Competency for Architects: Practice Management and Professional Conduct PC 1: Understand the regulatory requirements and obligations pertaining to practice as an architect, including professional codes of conduct and obligations for continuing professional development and professional indemnity insurance. PC 2: Understand the role of quality assurance systems in facilitating efficient and timely delivery of architectural services.  PC 12, Understand how relevant building codes, standards and planning controls apply across architectural practice, including climate change implications, the principles of fire safety, and barriers to universal access.  PC 16: Understand risk management and mitigation principles and strategies – including safety in design, project risk, requirement for resilience from the impacts of climate change and appropriate insurances – across architectural services. Delivery and construction PC 59: Understand and mitigate risks associated with preparing and documentation.     #CPD #architect #natspec Register now  https://lnkd.in/g_jMX26Y                                                                                  

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"A recent TCC decision has considered amendments to a JCT Design and Build Contract seeking to impose full design responsibility for the Employer’s Requirements (the “ERs”) on the contractor. The decision considers whether a statement in the ERs as to the stage the design had reached amounted to a contractual warranty. The court disagreed with an adjudication decision obtained by the contractor and held that the statement in the ERs was not sufficient to qualify the Contractor’s assumption of design responsibility as specified in the contract conditions." #full #design #responsibility #construction #engineering #law #business #management #future

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Cowi signed to design works on Victorian tunnels for Transpennine Route Upgrade COWI has signed a #contract with Network Rail to design tunnelling works to three Victorian era tunnels as part of the The Transpennine Route Upgrade (TRU). The works will include preparing the three #tunnels, built by the #Victorians, #Stalybridgetunnel, #Scouttunnel and #Standedgetunnel, to be able to accommodate W12 #freight gauge clearance and #electrification of the line. These works will take place between #Stalybridge and #Huddersfield, a section of the wider #TRU scheme, which is being delivered to bring improvements to the #railways across the Pennines and between #Manchester, Huddersfield, #Leeds and #York. As part of its new contract, #Cowi will develop #engineering solutions to conduct the works on the route while ensuring minimal #impact is inflicted on local #communities and existing #transport routes. To facilitate the work, Cowi will also have to include 1.7km of track slab installation within its designs to allow for the track to be lowered to allow larger freight #trains to pass through. The #contractor will also be delivering off track #drainage and #geotechnical work. Providing #specialist teams, the geotechnical work will focus on #retaining walls and #earthwork stability while the off- track drainage enhancements will increase #flood resilience. At the start of the year, the next phase of Huddersfield station’s redevelopment as part of TRU began. While work had already begun to improve facilities for passengers inside Huddersfield station, this next phase of work will involve work on the outside of the building. This news followed an announcement from government a further £3.9bn would be injected into TRU rail project, taking the total Department for Transport (DfT), United Kingdom funding to £6.9bn. The upgrade of the 122km-long rail link in the north of England was earmarked to cost £2.9bn in 2018, but the #DfT has most recently predicted it will cost between £9bn and £11.5bn. Cowi UK managing director Andy Sloan said: “We are looking forward to collaborating closely with TRU and its supply chain through its new hub and spoke model. “The work presents unique challenges due to the age of the #infrastructure, requiring a balance between #modern engineering solutions and the #preservation of #historical integrity. “Our teams have been working on the TRU project for over seven years so we are delighted to continue our involvement on this additional section of the programme."

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"Our many interviews with company bosses as part of our Election Focus coverage reveal a real sense of frustration that under the current government construction’s prospects have stalled or gone into reverse." "A contractor boss I spoke to was perhaps more positive about Labour under Keir Starmer’s leadership. As a rule, main contractors do not normally declare allegiance to a political side, it is just not great business: if you back the winner they can take you for granted, and if the other lot get in you’ve perhaps lost potential friends. So instead there has been work behind the scenes for over a year on the part of some firms to get close to key Labour players, and the ones that have impressed most are in Rachel Reeves’ shadow Treasury team." #construction #electionfocus In Building Magazine, Chloe McCulloch, discusses how construction professionals are leaning towards Labour policy ideas, looks back on our past election focus coverage and looks into industry leaders' policy concerns for the built environment as well as their thoughts on what a Labour government could mean for the industry. https://lnkd.in/ejjZdCg9

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The Australian Constructors Association (ACA) has published a thought-provoking paper (linked below) as a conversation starter for their upcoming high-powered Forum, FF24. The conference aims to address the challenges facing the construction industry and find solutions to improve collaboration and performance. One of the key questions posed in the paper is "Defining good... and how to achieve it." As someone passionate about the construction industry, I have joined my voice in answering these questions in weekly nuggets. You can find previous comments here: Primarily, for delineation, I believe defining good will also include the need to train on subconscious biases which are prevalent in the industry, i.e. gender, race etc which starts from the recruitment phase through to employment. To truly achieve "good" in the industry, we must also address the subconscious biases that perpetuate negative perceptions and hinder progress. To combat these biases, we must actively promote the positive aspects of the construction industry, such as: 🌟 Showcasing the diverse career options and the opportunity to work on iconic projects around the world 🤝 Highlighting the chance to meet and collaborate with a wide range of people from various backgrounds 🌇 Emphasizing the satisfaction of seeing tangible results and contributing to the built environment 📈 Promoting the potential for personal and professional growth within a dynamic and evolving industry I believe this is one of the indicators of what good could mean for Construction. What does good mean to you in construction? I invite you to join the conversation and share your thoughts on how we can redefine "good" in the construction industry and work together to achieve it. #ConstructionIndustry #FF24 #RedefiningGood #CollaborationIsKey #PositiveChange #EPIC

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State and territory building ministers met recently to discuss a range of topics including the shift towards achieving net zero, NCC 2025, and pre-fabricated housing. The discussion about pre-fabrication is particularly noteworthy, especially since it coincides with the Prime Minister's recent announcement regarding advanced manufacturing in Australia. 🏗️ 🏠 https://lnkd.in/gj3JaNEV Property Council of Australia chief, Mike Zorbas pointed out that industrialised construction is an excellent opportunity for Australia, but requires scalability. He emphasised the need for innovation, investment, and secure demand pipelines, especially during a time of increased construction, land, and capital costs. We agree. There are already many early adopters in #MMC here in Australia, but to capitalise on this opportunity at scale, we need greater support for industry now. This requires further government subsidy, support, and investment, just like any other innovation curve. It also requires further demonstration and pilot projects at key sites across the state and the country to prove what's possible, both in terms of volumetric and prefabricated components. This can be achieved either through direct investment, subsidies and incentives in design and procurement, or a combination. 🏡 What are the benefits right now? Speed. Not cost. 🏠 🏡 What are the benefits long term? Speed, cost, diversity of workforce, security over delivery timeframes. Just to name a few. It’s certainly an exciting space, and if we end up at the forefront of it, presents a significant opportunity to tackle future housing supply challenges. At the very least, it will enhance the supply chain resilience and responsiveness. Something we have witnessed the fragility of since covid. Footnote for those who often ask what is MMC: Modern methods of construction is a process which focuses on off-site construction techniques, such as mass production and factory assembly, as alternatives to traditional onsite building. #building #construction #offsite #modern #methods #housingsupply #residential #development #future #focussed #advanced #manufacturing Q Shelter Master Builders Queensland Building 4.0 CRC Property Council of Australia Queensland

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Before commencing construction on a development it’s essential to consider fully what maintenance is required for the intended common areas and how it will be achieved. Emma Millington explores some of the important legal matters that need to be considered. https://lnkd.in/gXnKGA4X

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Six #civils clients to switch to low carbon concrete and steel Six big infrastructure clients have pledged to switch to lowest carbon-sourced concrete and steel on their projects. Construction minister Alan Mak backs Construction Leadership Council decarbonisation pledge Anglian Water Services, Heathrow, The Lower Thames Crossing, National Highways, NWG (Northumbrian Water Group) and Sellafield Ltd have committed to scale-back use of the biggest contributors to #CO₂ emissions – #diesel, #steel, and #concrete. They are the first clients to sign up for the Construction Leadership Council’s “Five Client Carbon Commitments” designed to help the industry advance to Net Zero. Five Client Carbon Commitments Procure for low carbon construction and provide incentives in contracts. Set phase-out dates for fossil fuel use. Eliminate the most carbon-intensive concrete products. Eliminate the most carbon-intensive steel products. Sign up to PAS 2080, allowing a common standard in carbon management and reporting. The five pledges also include setting dates to ban diesel on sites, driving the transition to green hydrogen, and electric-powered plant. The CLC is also asking client organisations to commit to using PAS2080, creating a common carbon management standard across the industry, and to put carbon reduction at the heart of their procurement processes. These pledges have been piloted by the Lower Thames Crossing, resulting in a 50% reduction in carbon in its procurement process which concluded recently. Industry Minister and Co-Chair of the Construction Leadership Council Alan Mak said: “From investing in green skills and tech to boosting investment and innovation, there are huge opportunities in decarbonising for the UK construction sector. “Through the Construct Zero framework, we could see thousands of new green jobs and billions in private sector investment being added to the UK economy. “It’s fantastic to see these five Client Carbon Commitments signed today, which will go a long way towards achieving these ambitions.” Mark Reynolds, Group Chairman and Chief Executive of Mace and Co-Chair of the Construction Leadership Council said: “We are now at an inflection point where wholesale changes, brought about through cross-industry collaboration, are the only way to meet the speed and scale that Net Zero 2050 demands.” In the coming months, more organisations are scheduled to sign-up to the pledge, including East West Rail, the Environment Agency, Houses of Parliament Restoration & Renewal, and National Grid. https://lnkd.in/dK99sTAe

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Variations are the bane of many a contractor's life. We all know that poor variation management can lead to huge erosions of margin and fractured relationships. With that in mind, the Society of Construction Law Australia's Thought Action Committee invited me to write a Practice Note on clause 36 of the AS4000 General Conditions of Contract (the variation clause). It has been published on the SOCLA website here: https://lnkd.in/dXEKzRt7 The Practice Note outlines some of the legal context in plain English and sets out some practical strategies for managing clause 36. It includes a flowchart depicting the actions to be taken by different stakeholders. It's available to SOCLA members. If you're not a member but issues of contract risk and management interest you, I encourage you to sign up so you can access the practice note and plenty of other high quality resources. #construction #engineering #consulting #riskmanagement #contractisnotadirtyword

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Last year Australian Constructors Association (ACA) published a report titled 'All Risk No Reward' that investigated construction's profitless boom. It found that: "The model of total risk transfer across the building sector has produced a deeply unstable industry - systematically week financials, a myopic focus on the short-term and an adversarial culture. A lawyers playground!" It noted that the construction industry has all the elements of a 'failed market' and that government is best placed to lead the way through increased use of collaborative procurement models focused on delivering best value not lowest cost. There is much debate about the degree to which governments should intervene in the operation of markets and construction is no exception. So we thought what better opportunity to bring this debate into the public realm than at the upcoming Foundations and Frontiers forum. We will be lining up two teams for an Oxford style great debate with the motion "The market should be left to itself without government intervention." Affirmative or negative? This will be one of many not to miss plenary sessions at the forum. Details of the FF24 agenda will be released shortly but don't delay if you want to secure tickets to this ground breaking event. https://lnkd.in/g-GG8zbz #ff24 #imaginewhen #timeforchange

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How good is your evidence of the quantity and type of material you have delivered to site? Last year we had a call from a Subbie who delivered north of $150k in materials to a remote site, and then the Main Contractor terminated the Subbie's contract for convenience. When the Subbie invoiced for the gear, the Main Contractor blatantly denied the materials were ever delivered. The materials were bulk or "stock" materials, and the Subbie didn't have photos of the gear on site, or any proof of the quantity of materials delivered. By the time the Subbie saw things going pear shaped, they couldn't get back onto the site to get the evidence they needed. They tried to get satellite photos, and the photos showed something on the site - but it didn't clearly show what the stockpiles were, and how much of their gear was there. The Subbie applied for adjudication to try to get paid, and the Main Contractor put in a Statutory Declaration denying the materials were ever delivered. Likewise, the Subbie put in a Statutory Declaration swearing the materials were delivered. The Adjudicator decided that, in the absence of evidence confirming quantities, the Adjudicator wasn't persuaded the Subbie was the one telling the truth. If you are the type of trade that delivers materials that are more and more of the same, it can be difficult to prove how much of the "piece of string" was delivered in what month. This seems like such an obvious thing, but every day I speak with subcontractors who would have the exact same problem as the Subbie in this story. Could you get caught like this?

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🌟 Project Highlight: Great Western Highway Upgrade 🌟 Jacobs & TfNSW engaged D-TAL to undertake a Detailed Design Road Safety Audit (RSA) for the Great Western Highway Upgrade at Coxs River Road, Little Hartley. The project involved upgrading 2.4km of the Great Western Highway to a new four-lane divided carriageway and grade-separated interchange. Our Contributions: 🚦 Identified potential hazards at intersections impacting lane discipline and vehicle turning movements. ⚠️ Highlighted hazards within the road corridor that may result in motorists being unable to recover/regain control of errant vehicles. 🚗 Identified potential risk for head-on collisions on two-way undivided high-speed roads. 🚴‍♂️ Assessed and raised potential hazards for cyclists and pedestrians, including but not limited to protected shared user paths and delineation adjacent to steep embankment slopes. At D-TAL, we pride ourselves on our ability to identify foreseeable hazards, aiming to influence and reduce fatalities and serious injuries for all road users. Fast, reliable, and competitive audits – ready when needed! 📞 1800 00 DTAL (3825) 📧 [email protected] 🌐 www.dtalengineering.com #DTAL #ProjectHighlight #RoadSafety #RoadSafetyAudit #RSA #CivilEngineering

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"At the moment the infrastructure market is at a crossroads with the shift from mega transport projects to energy transition and housing. But I ask the question what have we learnt and how are we applying that knowledge." A good question Martin Locke. In terms of the #FF24 Discussion Paper "Defining good and how to achieve it" is information sharing a key component of this? What are your thoughts? Enter the conversation....join the movement for change! Find out how here: https://lnkd.in/gUPeE-bM

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The first step in dispute avoidance is to ensure your contract is manageable, commercially viable, and within your parameters for risk. This can be achieved by utilising our Risk Register template to assess the proposed contract to identify and plan to mitigate risk. If you require assistance from a claims & disputes specialist just get in touch. #contractreviews #dispuetavoidance #constructionclaims https://lnkd.in/dkDEg9Fe

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I've just come back from a quick trip to Brisbane, looking at the construction sector over there. The current population of greater Brisbane is estimated at around 2.3 million (let's call it twice that of Auckland). In many ways, Brisbane (geographically) is similar to Auckland, with regard to population spread and urban development, and could be used as a guide for how Auckland could develop over the next 10 to 30 years. Like many larger, growing cities, Brisbane faces challenges with regard to housing, infrastructure, transportation and urbanisation. At this stage, I don't have specific numbers behind the demographic profile of housing occupancy, but according to the Australian Breau of Statistics there are 292,000 residents living in the "Inner City" (approximately 13%). Compare this to Auckland where it is estimated that just 40,000 people live in the "Inner City" (approximately 2.5%). Christchurch has an estimated 9,000 residents living in the inner city (approximately 2.3%). So, on one hand, this gives us hope that as Auckland and Christchurch grow, there will be a move towards higher-density living within a centralised urban district. However, on the other hand, it shows us that the vast majority of the population does not (want to) live in this type of housing. Which brings us to the development of transport. The commuter train service in Brisbane is excellent (from what I can tell), and the Queensland government are spending around $8 Billion dollars on improving services (partly in advance of the 2032 Olympic Games). However, like all major infrastructure projects...this one if facing its own challenges with an estimated (so far) blowout of around $1 Billion. I'm not suggesting that we shouldn't invest in these types of projects...but if cities like Brisbane, with its population base, struggle...then what lessons can we learn before embarking on similar developments?

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The construction sector performed remarkably well during the pandemic, managing to keep worksites open despite facing major hurdles. The mega projects we are all enjoying today, including Sydney Metro, simply would not have been delivered otherwise. Now as we emerge out of the pandemic, the sector faces a significant challenge to build the infrastructure our nation needs particularly as we prepare for growth in energy, defence and housing. Our ability to deliver these projects will hinge on our ability to lift our productivity. We need to be honest with ourselves about the challenge ahead - productivity in the sector has not improved in 30 years. Overall, Australia currently ranks 16th in the Organisation for Economic Co-operation and Development (OECD) for productivity – our lowest in 60 years. We also recently slipped from 14th to 16th in the World Digital Competitiveness Ranking. The good news is there is a great deal of appetite from industry to partner with government to support productivity growth and there is an equal ambition from government to collaborate more with industry. Meaningful productivity growth will take time but there is no shortage of practical ideas that we can implement quickly and collaboratively. Thanks to Infrastructure Magazine for continuing to shed light on this challenge.

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