Recent Articles

Security of Payment - Changes to Legislation: What Builders Need to Know

With record insolvency levels in the construction industry, the NSW Government has moved to tighten up the security of payment regime to improve cash flow and payment terms within the industry and provide further relief to residential builders.

Sham Building Contracts, Extra Warranty Periods & Quantum Meruit Claims

NCAT PROVIDES CLARIFICATIONS ON BUILDING CONTRACT ISSUES

HUTCHINGS v HOPE – NCAT APPEAL PANEL (20 MARCH 2019)

Beware of SOPA - 10 or Less Business Days to Dispute Invoices

Owners corporations and owner occupiers entering into contracts with builders need to be aware of the Building and Construction industry Security of Payment Act 1999 (NSW) (SOPA) to avoid payment disputes which can be very costly and difficult to challenge.

Changes to Environmental Planning & Assessment Act - Interim Occupation Certificates

From 1 September 2019, developers will no longer be able to obtain interim occupation certificates for buildings in NSW. This will likely complicate staged developments, as interim occupation certificates allow use of partially completed buildings.

No Duty Owed by Certifying Council

The New South Wales Court of Appeal recently handed down a long awaited reserved decision in the case of Ku-ring-gai Council v Chan.

Defect Bonds and Insolvency Issues

The new strata building bond and inspection scheme will now commence on 1 January 2018 (the “Scheme”).

Post Grenfell Safety Legislation in NSW

BUILDING PRODUCTS SAFETY LAWS

The Building Products (Safety) Act 2017(“Act”) has been passed by the New South Wales government and is to commence on a date to be proclaimed. When it commences, it will give NSW Fair Trading substantial powers to identify and stop the use of potentially unsafe building products. The current focus is on cladding products, but the Act has much broader application.

Builders be Aware - Don't Simply Follow the Product Installation Guidelines

Non-conforming building products and the issues they raise for both builders and consumers have been at the forefront of media articles at various times over the years with serious claims and safety concerns arising over ‘dodgy’ building materials.

The Building Defect Bond Scheme - Not For the Bulk of this Construction Cycle

New strata laws will commence on 30 November 2016. As a part of the change to the strata laws, a building defect bond scheme is due to commence on 1 January 2018.

Under this scheme, developers will be required to lodge a 2% bond with the Secretary of the Department of Finance, Services and Innovation for the final contract price of the building.

All's Fair in Contracts and Law? Unfair Contract Protection For Small Business

Small Business Contracts that are standard form and which are entered into or varied after 12 November 2016 will be subject to new amendments under Australian Consumer Law.