February 2025

Claire Rewais and Osama Rewais t/as McVitty Grove v BPB Earthmoving Pty Ltd NSWSC 1271 (McVitty v BPB) Previously, contractors were entitled to progress payments under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) even if they did not comply with trade licensing and insurance requirements…

If you work in construction, you may think that having your rights and duties laid out in a statute is simpler to comprehend and apply. However, the reality is that statutes are always open for interpretation and the breadth of your duties and entitlements can often change. Statutory Widening There…

Section 18B of the Home Building Act 1989 (NSW) (HBA) imposes statutory warranties in relation to residential building works which are implied into all contracts for residential building works (Statutory Warranties). Section 18F of the HBA provides a statutory defence to an action for a breach of a Statutory Warranty…