The construction ban commencing on 19 July 2021 in NSW extends to all ‘construction sites’ in Greater Sydney. The public health orders can be found here (see Amendment Orders No. 8 and 9).
The NSW Government announced on 28 July 2021 that:
a) from 12:01am Saturday 31 July 2021 the construction ban will be lifted but subject to the following caveats:
b) commencing Thursday 29 July 2021, work required to prepare the commencement or recommencement of construction work on a construction site (except a construction site in the 8 LGAs of concern) may be carried out. Examples of work falling within this exemption can be found in the public health order (Amendment Order No.16) here.
As of midnight 28 July 2021, those LGAs are the City of Fairfield, City of Blacktown, City of Liverpool, Canterbury-Bankstown, Cumberland, Parramatta, Campbelltown and Georges River.
'Construction sites’ is defined to mean:
There are limited exemptions applying to work that is urgently required.
The ban also applies to any person residing in the 8 LGAs of concern from travelling outside the LGA in which they reside for the purposes of work unless they are an ‘authorised worker’ (Authorised Workers Order). A list of ‘authorised workers’ can be found here. It presently does not include construction workers unless they fall within specified industry sectors including certain utilities, transport, warehousing and manufacturing sectors.
If you have construction projects across Greater Sydney there are implications for the timely delivery of obligations, services and indeed the project as a whole. These have financial consequences raising important questions as to who should bear these.
You should consider the following:
Some of the relevant contractual provisions to consider include:
The rights and obligations of principals, developers, contractors and subcontractors will undoubtedly be affected by the current bans. The exercise of those rights should be carefully considered as they can make a significant difference to how the inevitable risks and liabilities that will flow are allocated.
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