Adam Merlehan

The COVID-19 (or coronavirus) pandemic sweeping the world has caused massive disruption to economies and supply-chains. A pragmatic and practical response to the pandemic is necessary. We suggest the following steps be undertaken for your business now: Review regulatory requirements your business may be a risk of not meeting due to the coronavirus pandemic: many businesses will find themselves in the position of being unable to (or seriously hampered in) practically meeting …

[Read more...] about Coronavirus pandemic – a sensible legal response

The idea in brief The recent Opal and Mascot Towers apartment building failures reveal a messy set of inconsistent laws, nationally, that discriminate between homeowners and apartment owners, undermining confidence in the residential apartment sector. In most States and Territories in Australia, homeowners are protected by statutory warranties that when complete, each new home will be free from defects for a warranty period. Most States and Territories also legislate for the requirement …

[Read more...] about Inconsistent laws are undermining confidence in the residential apartment sector in Australia

The idea in brief The Queensland Government special joint taskforce into fraudulent behaviour in the construction industry was formed on 28 February 2019 and called for confidential submissions from the public of instances of fraud and non-payment in the industry. The special joint taskforce is headed by a former Supreme Court judge and includes detectives from the Queensland Police, investigators from the Queensland Building and Construction Commission and prosecutors from the …

[Read more...] about Joint taskforce inquiry into fraud in the Queensland building industry: submissions closing

The idea in short: Yesterday the Court of Appeal in Queensland found oil and gas provider Santos’ call on a bank guarantee that its EPC Contractor, Fluor Australia Pty Ltd provided under its EPC Contract for Santos' GLNG Project, was invalid because Santos' letter of demand did not include the words “Authorised signatory of Santos Limited” underneath the signatory of the letter. The bank guarantee required the demand to be issued in the form of a pro forma annexed to the bank …

[Read more...] about How three words cost a mining company $55m and how you can avoid the same mistake

Australian Federal and State Governments need to engage project delivery partners from the private sector in order to avoid time and cost overruns on major public infrastructure projects. Seemingly overnight Australia finds itself in the grip of a civil projects boom and the beginning of major sustaining capital and new mine development projects the major mining houses previously mothballed. Both will coincide simultaneously across both the East and West coasts of Australia creating a …

[Read more...] about Australian Governments must partner with private sector to avoid looming project delivery talent drain.