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The construction law is a branch of law course that deals with building construction and engineering. It is a blend of contract law, employment law, and commercial law. In a construction law course, the students in Australia cover aspects like various legal issues related to construction, tendering, bonds and bonding, and contracts. The law applies to the engineers, planners, builders, construction workers, and investors as well.
It caters to all the legal issues related to construction activities and safeguards the workplace deploying all the rules and regulations under the local and federal guidelines. The common legal issues in a construction site include the accidents, injuries, misunderstanding between the workers, construction issues, and lack of proper planning.
According to our construction law assignment help experts, the construction is an integral part of the law that applies to a construction project and its resources. So whether it is a personal residence or a commercial building, the construction law is entitled to every structure in Australia. The construction law in Australia revolves around
The planning and development applications
Contract drafting and advice
Joint Venture agreements
Tender & negotiations
Debt recovery and dispute resolution
The NCC code is usually issued by the Australian Building Codes Board (ABCB), which strategies the minimum requirements for the construction of structures and a key consideration on the safety and environmental aspects. All the states and territories in the continent should follow the NCC 2016 as the current version.
Apart from the federal government, each state has its own set of laws and principles for governing the construction industry in their region. These laws embrace license, registration, insurance, and other statutory implied warranties. Apart from these, the legislation can also include other laws according to the requirements such as health & safety law at the workplace, fair work Act, and environmental laws. The state and territory legislation can also implement the law following construction contracts and legislations.
In addition to that, every state in Australia has its own security of payment legislation, which applies to the contractors and subcontractors.
Let’s go through the comprehensive list of the state and its payment legislation in Australia.
New South Wales: Building and Construction Industry Security of Payment Act 1999 and the Contractors Debts Act 1997
Queensland: Building and Construction Industry Security of Payment Act 2004, Queensland Building and Construction Commission Act 1991, and the Subcontractors’ Charges Act 1974
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South Australia Building and Construction Industry Security of Payment Act 2009 and the Worker’s Liens Act 1893
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