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COVID-19 INSIGHTS

BUILDING & CONSTRUCTION INDUSTRY

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Welcome to our COVID-19 insight hub.

We are living in unprecedented times. The COVID-19 pandemic has challenged the way we live our lives and brought both confusion and uncertainty to households and businesses across the country.

In part, this is due to a rapidly shifting legal landscape that has emerged from increased Government regulation.
It can be difficult to keep up.

The purpose of this insight hub is to provide our construction clients with a refuge of legal clarity amidst gross uncertainty. Here, we will seek to deliver sound, insightful and pragmatic advice on regulatory change and what it means for your business.

These are certainly trying times, and some things are worth worrying about more than others. Our dedicated team at Kreisson are ready on standby to assist you with your current legal stresses and concerns, so you can focus on what’s important.

We hope that you and your families remain safe and healthy.


The Team at Kreisson

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Key Issues:

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[01] Government Legislation
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[02] Contract Fulfillment

More to come...

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[01] Government Legislation
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The Federal and State Governments around Australia are waging a war on two fronts, having passed legislation designed to protect both our population and economy. In line with heath advice the NSW Government has passed the COVID-19 LEGISLATION AMENDMENT (EMERGENCY MEASURES) ACTL 2020 which commenced on 25 March 2020.

According to the Second Reading Speech; the new emergency legislation has the following objectives:

  1. To address barriers in the law that may get in the way of social distancing;
  2. To empower government agencies and institutions to continue functioning;
  3. To build flexibility so that Government can act further as the public emergency evolves.
  4. The Emergency Legislation has introduced a number of temporary changes to 20 NSW Acts to deal with the effects of COVID-19. 

Due to the extraordinary nature of some of the changes; the amendments will have a limited time span with sunset dates of between 6 months to 12 months.

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SEE COVID-RELATED LEGISLATION
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Affected Acts

Inclusive of (but not limited to):

  • Environmental Planning and Assessment Act 1979
  • Retail Leases Act 1994 No 46
  • Residential Tenancies Act 2010
  • Local Government Act 1993

We know that our construction and commercial clients will feel overwhelmed with the many changes that are being introduced. 

We look forward to continuing to support out clients during these challenging times.

for full amendment coverage - please download the article below:

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click image to download

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Contact:

David Glinatsis | Director
David.Glinatsis@kreisson.com.au
+61 2 8239 6502

Contact:

Anthony Herron | Special Counsel
Anthony.Herron@kreisson.com.au
+61 2 8239 6511

Contact:

John Hodgkinson | Special Counsel
John.Hodgkinson@kreisson.com.au
+61 2 8239 6508

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Contact:

Anthony Herron | Special Counsel
Anthony.Herron@kreisson.com.au
+61 2 8239 6511

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Contact:

John Hodgkinson | Special Counsel
John.Hodgkinson@kreisson.com.au
+61 2 8239 6508

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Contact:

David Glinatsis | Director
David.Glinatsis@kreisson.com.au
+61 2 8239 6502

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[02] Contract Fulfilment
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We have been fielding a number of calls from clients across the commercial and construction space, who are anxious about their business in light of the COVID-19 pandemic. They are seeking to protect their own commercial interests and sustain a viable, functioning business "so they can come out at the other end". At the same time however, they are trying to balance, maintain and preserve their existing business relationships and contractual obligations. These goals present their challenges at the best of times, with the current situation only worsening our commercial and personal anxieties.

So in the face of Government regulation, site closures, frustrated contracts and labour and supply shortages, how can operators protect their commercial interests?Can they legitimately defer providing a service or attending to their contractual commitments?

The answer (or answers) are complicated and impacted by a number of factors, most of which are beyond our control.

Notwithstanding, we have set out a series of commonly asked questions in the free ebook below that address relevant contractual issues.

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QUESTIONS ANSWERED:

- Can we claim an extension of time?

- Can we avoid the work and do it later?

- Can we end the contract?

- What are the alternatives to ending the contract?

- What if my contract is with a party outside Australia?

- Will my insurance policy(ies) respond?


Click image opposite to download

Click image  to download

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QUESTIONS ANSWERED:

- Can we claim an extension of time?

- Can we avoid the work and do it later?

- Can we end the contract?

- What are the alternatives to ending the contract?

- What if my contract is with a party outside Australia?

- Will my insurance policy(ies) respond?

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PODCAST: Remedies for Construction & Commerce

Special Counsel Anthony Herron unpacks the impact the Covid-19 pandemic is posing on the Australian construction industry and provides practical measures operators can undertake to protect their interests.

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WATCH PODCAST
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How we can assist

The current situation facing construction contractors and suppliers is complex an unprecedented. If you have been impacted by the recent measures or are unsure of your rights and obligations under your present agreements, please call or email us for further advice.

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Contact:

Anthony Herron | Special Counsel
Anthony.Herron@kreisson.com.au
+61 2 8239 6511

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Copyright © 2020

www.kreisson.com.au

(02) 8249 6500 | excellence@kreisson.com.au
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