BuildLaw: In Brief continued 2. Relating to section 13(2)(c) of the original Act a. Payment claims must include an endorsement stating that they are made under the Act. This amendment restores the requirement that was removed in April 2014. 3. Insertion of section 32B a. Corporations in liquidation are now prohibited from serving or taking action to enforce a payment claim or an adjudication determination. b. Further, if an adjudication application is made prior to the day of liquidation and is not then determined, said application is assumed to have been withdrawn upon liquidation. 4. Relating to section 11(1B)(a) of the original Act a. The head contractor must now make progress payments to subcontractors within 20 business days after the payment claim is received. This shortens the timeframe from the original 30 business days. 5. Insertion of Part 3A a. Part 3A gives new powers to authorised officers to investigate, monitor and enforce compliance with the Act. Authorised officers may now enter onto premises and make examinations and inquiries. 6. Increasing penalty units a. Penalty units have been increased for some offences, including that for a corporation that fails to provide a supporting statement when serving a payment claim, and that for a corporation failing to give notice to the claimant within the required time after a payment withholding request. The Review of Security of Payment Laws, by J Murray AM, gives interesting insight into the motive behind the changes; you can read that here.
England looks to tighten energy efficiency in buildings The English Government has launched a consultation period on a new Future Homes Standard. The standard looks to be operable from 2025, with a goal of reducing greenhouse gas emissions. Energy use by homes accounts for approximately 20% of greenhouse gas emissions in the UK. This initiative therefore will be a key step in reducing greenhouse emissions to their legally binding national target of net zero emissions by 2050. This consultation regards new homes. Shortly a second consultation regarding (a) existing domestic buildings and (b) new and existing non-domestic buildings is likely to occur. Both consultations look to shape new requirements in order to reduce carbon heating and increase energy efficiency in buildings. In the meantime, the Government looks to impose interim measures which are to commence in 2020. This includes a proposal of implementing new performance metrics for buildings to be measured