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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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.
Can I still Recover Payment for Variations and Extras where there is No Written and Signed Contract Variation?
If you enter into a contract with a home owner to undertake residential building work and the contract price exceeds $5,000.00, then the Home Building Act provides that any variation must be in writing and signed by both parties prior to the variation works commencing.
When Can I Claim Under a Policy of Insurance Under the Home Building Compensation Fund?
Insurance under the Home Building Compensation Fund is required to be obtained by a builder entering into a residential building contract of greater than $20,000 with a home owner prior to commencing any work under that contract.
How to resolve disputes about residential building contracts.
Disputes as to the timeliness, quality, value and compliance of works in residential building contracts are all too frequent. Commonly, relatively simple disputes get out of hand quickly as emotions run high and parties seek to “hit the other where it hurts”. Home owners refuse to pay and builders refuse to build.
Common Misconceptions about Contracting in the Building & Construction Industry
What to do to avoid getting caught out!
Commercial & Retail Fitouts
How you could find yourself out of business before you even begin.
Consequences of failing to comply with the Home Building Act
The Home Building Act 1989 (“the Act“) places obligations upon contractors who contract directly with home owners to undertake residential building work.
Why the SOP Act is so significant
The Building and Construction Industry Security of Payment Act 1999 (NSW) is significant because it provides for the following consequences…
