CCN – The Latest Updates, News, and Alerts on Combustible Cladding (Breaking News) Reaching more Players in the Cladding Industry
NEWSMAKERS * 3A Composites * AlucoBond™ * Aluminium Cladding * Atlantis Towers * CladdingTest * Class Action * CCN * Cladding Safety Victoria * CSV * EnviroSmart * ExcelPlas * Expanded Polystyrene * Grenfell * HVG * Kingspan * LoveGrove & Cotton * NSW Court * Project Remediate * Tim Cousins * VBA
LEGAL NEWS
Strata Plan 92450 v JKN Para 1 Pty Ltd & Anor [2022] NSWSC 958 Overview – NSW Supreme Court Hearing and Appeal
https://www.linkedin.com/pulse/case-study-strata-plan-92450-v-jkn-para-1-pty
MS AMLIN CORPORATE MEMBER LIMITED V LU SIMON BUILDERS PTY LTD [2023] FCA 581
The court considered whether the respondent provided sufficient notification of facts to the applicant, its professional indemnity insurer, under s.40(3) of the Insurance Contracts Act 1984 in connection with claims made against it in relation to the use of combustible cladding products in the Atlantis Towers. The respondent had provided notice to the applicant, during the period of insurance, regarding the Lacrosse Tower fire and the use of those and similar cladding products. That notice included emails with the subject line “Potential Claim“, as well as a newspaper article and reports from the Melbourne Fire Brigade.
The court accepted that sufficient notice was provided. In doing so, it endorsed the decision in P&S Kauter Investments Pty Ltd v Arch Underwriting at Lloyd’s Ltd [2021] NSWCA 136 that an expert opinion could constitute ‘facts’, as they are objective matters that bear on the possibility of a claim being made. In this case, the opinion of the Melbourne Fire Brigade meant there was a real and tangible risk it would form the same view (regarding non-compliance) in relation to other buildings that used the same or similar cladding products. The court said it did not matter that the emails did not identify the potential claimants to the claims, because the relevant claimants in respect of the Atlantis Towers were obvious. It also affirmed the established principle that notice does not need to be given in a single document.
https://hwlebsworth.com.au/general-insurance-insights-key-judgements-june-2023/
INDUSTRY NEWS
NSW Court of Appeal Decision: Onus on Builders to Satisfy the Performance Requirements for Cladding
https://lclawyers.com.au/the-onus-on-builders-rather-than-owners-to-satisfy-the-performance-requirements-for-cladding/
Replace Flammable Cladding Through Project Remediate
https://www.nsw.gov.au/building-commissioner/replace-flammable-cladding-through-project-remediate
VBA Publishes Searchable Prosecution and Disciplinary Register to Find Dodgy Builders
https://www.vba.vic.gov.au/tools/prosecution-and-disciplinary-register
Aluminium Insights CPD Lecture Series Announced
https://architectureau.com/product-selector/news/aluminium-insights-cpd-lecture-series-announced-1
EnviroSmart Program from HVG Recycles Cladding Waste
https://www.fmmedia.com.au/sectors/envirosmart-program-from-hvg-recycles-cladding-waste/
Use of Kingspan Insulation on Towers near Grenfell Angers Residents
https://www.theguardian.com/uk-news/2023/jul/13/use-of-kingspan-insulation-on-towers-near-grenfell-angers-residents
Cladding PI Notifications – A View from Down Under
https://www.lexology.com/library/detail.aspx?g=7a461677-95d8-4afe-b67e-b8a4071dba63
Cladding TESTING – How to Safeguard for Your Building in Faster Timeframes – Cladding Flammability, Sampling and Analysis
https://cloud.excelplas.com/s/xh78KqEZ3BCywka
Grenfell Tower fire: Delays Over Identifying Dangerous Cladding are Simply Not Good Enough
https://www.scotsman.com/news/opinion/columnists/grenfell-tower-fire-snps-delays-over-identifying-dangerous-cladding-are-simply-not-good-enough-scotsman-comment-4219568
TESTING & INVESTIGATION SERVICES
Number One Cladding Testing Laboratory in Australia (Affordable & Quick Turnarounds)
https://www.excelplas.com/products-tested/cladding-testing/
Intelligent Cladding Testing to Inform Fire Risk
https://www.claddingtest.com/
Forensic Fire Service for Combustible Cladding
Working with industry specialists in litigation and construction we investigate cladding fires and cladding flammability issues
https://timcousins.com.au/
MORE COMBUSTIBLE CLADDING NEWS
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Roscon is a specialist provider of property reporting and facilities management services to business in the Owners Corporation and Insurance industries
As expert consultants, Roscon can devise a solution to address any non-compliant claddings. These solutions may be far more cost effective than
replacing the entire building facade.
https://www.roscon.com.au/cladding-facade-audits
Step-by-Step Guide For Evaluating the Combustibility Risk of Cladding
https://www.claddingtest.com/
Australian NATA Testing Laboratory Offers Cladding Identification and Testing Services (to determine Combustibility Risk Profile)
http://www.excelplas.com/
This Newsletter is brought to you by ExcelPlas Labs Australia’s Largest group of Polymer Building Materials Testing Labs.
http://www.excelplas.com/
Melbourne Testing Lab for Testing of Architectural Cladding Materials and Combustibility Risk
ExcelPlas now performs Positive Material Identification (PMI) and Combustibility Rating (CR) on architectural cladding such as Aluminium Composite Materials ACM, Aluminium Composite Panels ACP, Expanded Polystyrene Panels EPS, Polyisocyanuarate Foam Panels PIC and others.
We have extensive experience with testing of polymers and polymeric building materials.
As a Nationally Accredited Testing Laboratory, our technicians, equipment and quality system are monitored regularly for proficiency and compliance assuring that you can count on quality results every time.
https://www.claddingtest.com/
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