Construction Law for Disruption in Construction - myassignmenthelp

Question: Discuss about theConstruction Law for Delay and Disruption in Construction. Answer: Introduction The distinctive branch of Law that manages engineering, construction and other related activities is called Construction Law. Taking construction law as backbone, other streams like the employment law, planning law, commercial law, torts, etc. were originated. The law in question has taken upon itself to cover a wide range of problems, such as negligence, guarantees, securities, bonds, constructional claims, tender related issues, consultancy contracts, etc (Hughes, Champion and Murdoch, 2015). Such laws focus on several participants, socially, economically, legally and financially. Financial Institutions, Engineers, builders, architects, constructional workers, industries, companies and other institutions can be called its prime benefactors and the ones affected by it the most. Australian Standards in Construction Law It can be stated that for construction and building related laws, Australia has developed many standards.[1] Such standards directly affect the engineering and construction industries while also factoring in the effectiveness of work, the quality, safety and the efficiency. In this case, a document providing rules and regulations and a detailed overview of how these rules are applicable on the varied lawful situations, would be called a standard. The Building Code of Australia is a culmination and record of all laws and standards that can be put to use in an appropriate situation to counter subjects and also to maintain lawful actions, some of its uses are specified below: Maintaining the waterproofing system and constructing things necessary to support it in buildings.[2] Implementation of design in the disability access structures.[3] Standards of products and production of test-modules for doors, windows etc.[4] Standardizing and implementing designs for production of smoke detectors. The lawyers in Australia have to follow a series of activities that come under the construction law as a whole; they are drafting contracts and Advising, preparing agreements for joint venture, recovery of debt, distribution of litigation and resolution, development and planning of various applications with council members etc. It should be remembered that all such combinations are only possible when approved by state, local and federal laws of the country.[5] National Construction Code (NCC) and other Acts The National Construction Code or the NCC was a code formulated by the Australian Building codes Board (ABCB) that presents, in detail, the necessary requirements for architecting and constructing a new building in Australia. It is seen that the code examines in the great detail, the safety, amenity and any health related issues that can be connected with the said building and its overall design. Within it are the Building Codes of Australia (BCA) and Plumbing Codes of Australia (PCA) in the volumes 1 and 2 and the volume 3, respectively.[6] The current amended act is the version of NCC 2016 which has been lawfully accepted and followed by all states in Australia. Keeping the NCC aside, several other acts can be accounted for the advent of Australian Construction laws, such as: Building Act, 1975 Building Code of Australia Building and Construction Industry Payments Act, 2004 (BCIPA) Building and Construction Industry (Portable Long Service Leave) Act, 1991 Fair Work Act, 2009; and several other acts. Legislations Based on State and Territory Apart from the acts stated above and the NCC, it is only natural that each state might have their own rules regarding the laws of building in general. Such laws are made in a way that they can cover sectors and issues like the Licensing, Contractual formalities, Registration issues, statutory warranties in contracts, insurance etc. such laws and acts segregated among states are mentioned below: Victoria: Building and Construction Industry Security of Payment Act, 2002. New South Wales: Building and Construction Industry Security of Payment Act, 1999 and the Contractors Debts Act 1997. Australian Capital Territory: Building and Construction Industry (Security of Payment) Act, 2009. Queensland: Building and Construction Industry Security of Payment Act 2004, Queensland Building and Construction Commission Act 1991 and the Subcontractors Charges Act, 1974. South Australia: Building and Construction Industry Security of Payment Act 2009 and the Workers Liens Act, 1893. Western Australia: Construction Contracts Act, 2004. Tasmania: Building and Construction Industry Security of Payment Act, 2009. Northern Territory: Construction Contracts (Security of Payments) Act, 2004. State legislations for Payment and Security Judging from above, it is pretty safe to state that states can have security and payment legislations as well that primarily indulges only subcontractors and contractors.[7] The framework ensures that payment procedures are safe and righteously made and disputes and money recovery can be made without a possible scenario of litigation. References Bailey, I.H., Bell, M. and Bell, C., 2011.Construction law in Australia. Lawbook Company. Burr, A. (Ed.). (2016).Delay and disruption in construction contracts. CRC Press. Gan, X., Zuo, J., Ye, K., Skitmore, M., Xiong, B. (2015). Why sustainable construction? Why not? An owner's perspective.Habitat International,47, 61-68. Hughes, W., Champion, R., Murdoch, J. (2015).Construction contracts: law and management. Routledge. Murray, M. (2013).Corporate social responsibility in the construction industry. Routledge. Zhou, Z., Goh, Y. M., Li, Q. (2015). Overview and analysis of safety management studies in the construction industry.Safety science,72, 337-350.