News & Insights

Following the Victorian Government’s announcement on 27 September 2020, Metropolitan Melbourne has moved to the Second Step for the easing of Stage 4 restrictions.

what are the changes for the construction industry?

A summary of the changes that came into effect for metropolitan Melbourne are below. All previous restrictions still apply (such as working from home where possible, maintaining social distancing etc).

Changes to each category are:

• Large-scale construction sites – the daily average number of total workers on site has increased to 15 workers or 85% (whichever is greater). This total limit includes workers in all shifts.
• Small-scale construction sites – the number of workers on site has not changed. The number of small scale construction sites that a specialist contractor can visit per week has been relaxed to 5 (see details below).
• Land development sites – a maximum of 20 workers per hectare at any one time (previously 10).
• Specialist contractors – small scale construction sites have been increased to 5 sites per week. For large scale construction (or a mix of both) the restrictions of 3 sites per week and 2 sites per day still apply.

When considering the amendments, also note that:

• High-Risk COVID-SAFE plans, physical distancing, face coverings and good hygiene remain compulsory for all four construction categories. A new template for the plan has been released.
• Eased restrictions allow construction sites in regional areas to be ‘open with a COVID-Safe plan’. While permitted workers may travel from Melbourne to regional Victoria those workers must still comply with Stage 4 restrictions while travelling.

what does this mean for your business? our top tips:

Identify the impact of that the Stage 4 restrictions have had on your works.

• Whether you are the client, the builder or the subcontractor your construction works will have been impacted. Now is the best time to identify the impact where possible and record its effect.
• Check your contracts for notice periods, check your supply chain and comply with your contract requirements.
• Review and reset your programme, timelines and expectations for the works. Open communication in resetting revised timeframes will assist all parties to understand the impact of the delays and to assess the overall cost impacts.

Record your agreements:

• Confirm all discussions with key stakeholders in writing.
• If you make agreements, keep detailed records of what has been agreed to and make sure you get confirmation of the change.

we are here to help

We will continue to provide updated information, as further Government directives come to hand. If you need further guidance navigating your way through the current regulations, or reviewing your contracts please reach out to our Construction team.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.