Thought Leadership
The Building and Construction Industry Security of Payment Act 1999 (the Act) is an incredibly effective way for participants in the construction industry to maximise their chances of fair and prompt payment of invoices rendered.
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Apartment Building Completion Notices & Audits
If you build Class 2 buildings you need to be across this.
Residential building contracts under $40,000.00 – What if the time limit for a statutory warranty claim has passed? Consumer guarantees under The Australian Consumer Law may apply
Did you know that whilst the statutory warranties are the primary source of obligations for builders, The Australian Consumer Law may also apply?
Property Owners given 10 years to Claim for Financial Loss caused by Defects
A Builder’s Liability Under the Design and Building Practitioners Act 2020.
Security of Payment Law Amendments: How to claim Progress Payments Post 21 October 2019
The amendments bring about two important changes for contractors claiming progress payments.
High Court Confirms Limited Scope of Potential Challenges to Security of Payment Adjudications
In Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 the High Court affirmed the decision of the NSW Court of Appeal that the availability of judicial review to quash an Adjudication Determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) was limited to cases of jurisdictional…
Mid Tier Construction Contracting Essentials
How to make it and not go broke!
Do all residential building disputes have to be determined by the NSW Civil & Administrative Tribunal (“NCAT”)?
Whilst case management by Judges and Magistrates may be preferable to case management by NCAT Members, unless the parties agree for the proceedings to be determined by a Court (and not a Tribunal) or no Defense to a claim is anticipated, then it is usually the case that proceedings for claims under $500,000.00 should be…
A builder made promises to me during negotiations that aren’t in the Contract, what can I do?
It is not uncommon for a builder to make representations to a home owner in the course of negotiations for a Residential Building Contract where the subject matter of the representation is something that isn’t expressly covered in the final contract.
When can I claim the costs of getting another builder to finish the job or rectify defects?
Almost always, a builder must be a given a reasonable opportunity to complete their own work or to rectify any defects within their works, before any further steps can be taken by an owner to have the work done by others.
Can the Department of Fair Trading force my builder to perform rectification work?
For a home owner, engaging a builder to carry our residential building work, whether it is for a new home, renovations and extensions or a smaller project, can be a very stressful time.
What should I do if the home owners are disputing a Progress Claim?
As a residential builder, obtaining payment from home owners can sometimes be a source of concern. Of, course, prompt payments can be assisted by issuing Progress Claims when you are entitled to do so and having good communication with home owners and processes in place to ensure Progress Claims are paid on time.
When can I suspend work?
If you are a builder carrying out residential building work, there may be situations when you would like to suspend the building works. Commonly this occurs when a home owner fails or refuses to pay a Progress Claim.
