CCN – The Latest Updates, News, and Alerts on Combustible Cladding (Breaking News) Reaching more Players in the Cladding Industry
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Strata Plan 92450 v JKN Para 1 Pty Ltd & Anor  NSWSC 958 Overview – NSW Supreme Court Hearing and Appeal
MS AMLIN CORPORATE MEMBER LIMITED V LU SIMON BUILDERS PTY LTD  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  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.
NSW Court of Appeal Decision: Onus on Builders to Satisfy the Performance Requirements for Cladding
Replace Flammable Cladding Through Project Remediate
VBA Publishes Searchable Prosecution and Disciplinary Register to Find Dodgy Builders
Aluminium Insights CPD Lecture Series Announced
EnviroSmart Program from HVG Recycles Cladding Waste
Use of Kingspan Insulation on Towers near Grenfell Angers Residents
Cladding PI Notifications – A View from Down Under
Cladding TESTING – How to Safeguard for Your Building in Faster Timeframes – Cladding Flammability, Sampling and Analysis
Grenfell Tower fire: Delays Over Identifying Dangerous Cladding are Simply Not Good Enough
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Working with industry specialists in litigation and construction we investigate cladding fires and cladding flammability issues
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As expert consultants, Roscon can devise a solution to address any non-compliant claddings. These solutions may be far more cost effective than
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Step-by-Step Guide For Evaluating the Combustibility Risk of Cladding
Australian NATA Testing Laboratory Offers Cladding Identification and Testing Services (to determine Combustibility Risk Profile)
This Newsletter is brought to you by ExcelPlas Labs Australia’s Largest group of Polymer Building Materials Testing Labs.
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.
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