WOBO is pleased to provide a series of articles relating to construction and the built environment.
Construction Defect Claims: Dispute Resolution Considerations for Owners Corporations
In Australia, construction defect claims are on the rise, especially within multi-unit and high-rise residential buildings.
For some time issues such as leaky buildings and non-compliant, fire-hazardous cladding, have been prevalent but a broader array of defects now drives claims. These include structural deficiencies, cladding that does not meet safety standards, and poor-quality finishes that compromise building safety and longevity.
Defects often stem from non-compliance with the National Construction Code (NCC), negligent certification by building surveyors, flawed designs, and poor workmanship. Systems installed without adequate capacity, such as underpowered air conditioning units, also contribute to the issues at hand.
For owners corporations, these claims underscore the importance of swift and strategic action to address, manage, and rectify such defects comprehensively. Read Article
In the building industry, allegations of professional misconduct can have serious consequences, often governed by a complex regulatory framework with disciplinary powers ranging from formal reprimands to fines, license suspension, or even cancellation. Practitioners facing such allegations need a lawyer that has expertise not only in construction law but also in misconduct advocacy, as practitioner misconduct is a unique area of law.
Often referred to as “quasi-criminal,” this field operates under a civil onus making it essential for a lawyer to understand the nuances that are in play in this setting. With the right legal guidance, a respondent can craft a well-structured plea. Read Article
Prosecutable Offences under the Victorian Building Act 1993 (Vic)
The Building Act 1993 sets a clear standard for compliance in Victoria’s construction industry, with a robust framework of enforceable penalties. This article breaks down the key offences under the Act, including penalties for working without permits and failing to meet safety requirements. Whether you are a building practitioner, owner, or involved in the construction sector, understanding these legal obligations is crucial. Discover how these laws shape accountability and protect safety in Victoria’s building practices. Read Article
New Zealand’s Vexed 10-Year Limitation Period and Comparison with Victoria’s Clear liability long tail – A Remedy for Consideration.
The Victorian 10-Year Liability Cap – The 10 Years from When the Occupancy Permit Is Issued Test
- The French Napoleonic Code inspired ‘decennial liability’ Section 134 of the Victorian Building Act 1993 was introduced to bring certainty to the legal process and the limitation period for legal proceedings.
- Before Section 134, there was confusion about when the clock for initiating legal proceedings started to tick over.
- There were two conflicting tests:
– The Infinity Plus 6 test: Once a defect was discovered, you had 6 years to issue legal proceedings.
– From When The Damage Occurred test: You had 6 years from when the damage occurred to issue legal proceedings. Read Article
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Fathom: For decades, organizations from insurers to engineers and government agencies have been turning to flood inundation models to assess flood risk. They use them to assess how much of a population is exposed, how much asset value is at risk, which critical infrastructure needs protection – and how all of this might change in a future climate.
Flood models inform important decisions that could mean the difference between a business staying afloat and going bust, and between protecting people and keeping them in harm’s way. However, with many providers keeping their methodology under wraps, how do you know a model can be trusted? Validation, which involves comparing outputs to local flood hazard maps, observed data, satellite images and so on, is key. It’s the only way for end users to know how credible a model is and where its uncertainty lies. That’s why Fathom always puts its models through the most rigorous validation process possible – and publishes the results, no matter how good or bad. Our recent paper, A 30 m global flood inundation model for any climate scenario, assesses our updated Global Flood Map against a series of benchmarks.
Garages were once easy to deal with. Their function was to store a vehicle. Not anymore. Garage space is becoming too valuable for just vehicle storage. They are becoming part of the house and often end up being conditioned. They also often end up being lived in.
We have learned that garages should be thermally isolated from the interior occupied space regardless of whether they are unheated, minimally heated or fully heated. Folks often turn off heating systems to save energy. Heated garages obviously should be insulated.
I am going to get into trouble with this next comment…unheated garages obviously should be insulated because over time they become part of the conditioned space…and wait for it…heated.
Garages are often “tucked in” to houses typically with living space/conditioned space above the garages (Photograph 1) the garages need to be effectively thermally isolated from interior occupied spaces if garages are intended to be unheated, minimally heated or fully heated. Read the entire article at buildingscience.com.
Is 50% Relative Humidity The Right Amount?
The Harvard School of Public Health is recommending that we maintain interior relative humidity between 40 and 60 percent during the winter (https://www.hsph.harvard.edu/
You can sign up for the 16 hour online Zoom Fundamentals Course here…(relax…it is 4 classes, each 4 hours long over 4 days over two weeks…the class time is 1 pm to 5 pm Eastern Time which means that everyone in North America can make it work without major stress…sorry Europeans, I know it messes up your evenings…, especially sorry New Zealand and Australia,,,ugly early and a day late.
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Infrastructure and Car Parks: Strengthening the Foundations
Did you know, the number of fires in car parks each year reported by FRSs is about
260 a year? (BRE) and of these fires, only 50% of them started inside a vehicle…As disasters such as the Bristol and Luton Airport Car-Park fires show, challenges in this infrastructure application are growing, caused by:
Outdated Legislation
New vehicle types and associated dangers
Cars have become bigger, with much more plastic
Inadequate passive and active control measures
Environmental conditions make typical detection difficult
And with typical fire detection products being susceptible to false alarms, environmental exposure, temperature variations and complex layouts, perhaps it’s time to consider an alternative method of detection. This is where linear heat detection (LHD) comes in… Unimpacted by the elements, linear heat detection is the perfect solution for early fire detection in the infrastructure sector – and it can be easily installed or retrofitted to any existing application.
Bedfordshire FRS issues detailed report on London Luton Airport car park fire
BEDFORDSHIRE FIRE and Rescue Service has published a Significant Incident Report detailing the major fire at London Luton Airport’s Terminal Car Park 2, which occurred on 10 October last year. A diesel car fire spread to a large number of other vehicles and led to the eventual partial collapse of the structure.