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Category: Building Defects

The High Court Pafburn decision and a history of the cases exploring the duty of care under the Design & Building Practitioners Act 2020

Strata, Building Defects

Posted 10 December 2024

On 10 June 2020, section 37 of the Design and Building Practitioners Act 2020 (NSW) (D&BPA) commenced, imposing a duty to exercise reasonable care…

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Liquidated damages clauses are just the beginning – It’s not a cap on liability in construction contracts

Building Defects

Posted 22 May 2024

Liquidated damages clauses are a common feature of construction contracts. They typically provide a fixed amount per day as the amount that can be cla…

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Building Defects – What legislative instruments can be relied upon to recover from defects in NSW?

Building Defects, eBooks

Posted 16 May 2024

NSW Home Building Act 1989; Design and Building Practitioners Act 2020 (NSW); Strata Schemes Management Act 2015 (NSW), which governs the ‘Strata Bu…

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Building Defects – What if I do nothing about it?

Building Defects, eBooks

Posted 19 May 2024

Failing to properly deal with building defects can result in the diminishment of your property value, insurer’s no longer offering cover and can als…

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Building Defects – What happens if the previous owner ignored the defect?

Building Defects, eBooks

Posted 19 May 2024

Unfortunately, a claim cannot be brought after the expiry of the statutory warranty periods even if you were not made aware of the defect. Depending o…

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Building Defects – How can my strata manager help me?

Building Defects, eBooks

Posted 18 May 2024

Strata managing agents provide a broad range of services to their owners corporation clients, ranging from accounting and other administration to prop…

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What do I need to know about the building bond scheme?

Building Defects, eBooks

Posted 19 May 2024

Builders and developers of new multi-storey buildings (defined as two or more separate dwellings which exceed three storeys in height) are exempt from…

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Building Defects – Are there any proposed reforms that I need to be aware of?

Building Defects, eBooks

Posted 17 May 2024

After years of rising concern about declining standards of residential property construction and narrowing of options available to strata owners corpo…

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