Construction Articles
Home Building Amendment Bill 2011, what does it mean for you?
The New South Wales Government’s latest round of amendments to the Home Building Act 1989 has zeroed in on strata practices in building defects claims. Such claims are now more complicated and require specialist assistance more than ever.
Urgent Alert | Home Building Act Amendments
The Home Building Amendment Bill 2011 discussed in our urgent 14 October 2011 update has been rushed through Parliament. We were advised that 9 November 2011 was the earliest it would be passed. However it was passed without amendment today.
Some of the worst aspects of the Bill will apply as soon as the Governor gives assent to the Bill. Assent is normally given within about a week. However, all owners corporations should be prepared for the possibility that the assent of the Bill will also be rushed through.
Please click here to view the urgent alert.
Home Building Amendment Bill 2011
The Home Building Amendment Bill 2011 was introduced to Parliament on 12 October, 2011. It includes changes that will dramatically reduce the rights of owners corporations to pursue defects.
If assented to in its current form it will cause significant issues for many current and future building defects matters involving statutory warranties and home warranty insurance. Many owners corporations will need to take urgent steps to preserve their rights, including manking claims and commencing proceedings. Please click here to view our recent update.
Building Defects and Recent Case Studies
Due to a number of request, Bannermans Lawyers are pleased to invite you to view David Bannerman's presentation at the 2011 SCA (NSW) Convention on issues such as, warranty periods, time limitations, home warranty insurance and building contracts. Please click here to view the presentation.
Developments for Preliminaries in Building Defects Claims
Owners Strata Plan 70579 v Midwest Constructions Pty Limited & Ors [2011] NSWSC 429
Obtaining adequate compensation for owners corporations in building defect matters is a specialised task.
In The Owners Strata Plan 70579 v Midwest Constructions Pty Limited & Ors the Supreme Court considered an owners corporation’s request to vary a referee’s report to make further allowance for superintendence fees, storage costs, protection of goods costs, a contingency allowance, an increased contract period and scaffolding.
Building & Construction Industry Security of Payments Act 1999 (NSW)
Owners corporations enter into many agreements not realising the interim relief payment requirements that they may be subject to under the Building & Construction Industry Security of Payments Act 1999 ('the Act') which do not need to be disclosed in the contract.
Good-Faith Clause Protects Council Certifiers
COUNCIL certifiers are subject to the same obligations as private certifiers to check self-certified building work but they are protected from being prosecuted or sued if they have acted in good faith.
Issues Faced by Owners Corporations When Dealing With Construction Contracts
Owners corporations often enter into construction contracts with builders, architects, project managers, contract administrators and other contractors, dealing with a wide range of issues, such as adding to or altering the structures erected on the property, repairs and upgrade works.
Settlement and Costs in Building Defect Claims
Managing costs is an important aspect of building defect claims. The Supreme Court recently considered this.
Concerns About Quality Industry Certification
The court’s response to unsatisfactory industry practices by accredited certifiers
Joint Venture Agreements and Proportionate Liability Claims in Building Defect Matters
Changes and counterbalancing measures for residential building defects claims
Unsatisfactory Industry Practices by Accredited Certifiers
There seems to be an ever increasing proportion of strata buildings suffering from an array of defect issues. Occupation Certificates for many of those building have been issued by private certifiers.
Disciplinary Proceedings Against Certifiers
Disciplinary proceedings against certifiers – The door opens!
Some of the industry practices traditionally adopted by private certifiers have been strongly criticised by two recent decisions of the Administrative Decisions Tribunal (ADT) upholding findings against certifiers made by their regulatory body.