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Posted 03 April 2019
Category: Residential Building Works
A recent decision by the Appeal Panel of the NSW Civil and Administrative Tribunal provided some interesting guidance on how residential building contracts should be construed, even where there is some suggestion that the contract, or some part thereof, is a “sham”. The Appeals Panel also touched in the effect of the distinction between statutory warranties and contract terms, in particular the limitation periods available, and whether failure to provide Home Owners Warranty Insurance was fatal to a builder’s right of recovery.
The Appeal Panel found that the Tribunal at first instance did not provide adequate reasons as to:
The Appeal panel set aside the orders of the initial Tribunal, and remitted the matter back for a new hearing before a differently constituted Tribunal. In giving its reasons for doing so the Appeal Panel offered the following clarifications:
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.