bluesix, Author at Vincent Young

Building Construction Defects

26 January, 2023

Contractors Beware – NCAT Decision on Work Orders and The Application of Margins

Case Note: Patel v Southern Cross Joinery Pty Limited NSWCATCD 162 The NSW Civil and Administrative Tribunal (NCAT), unlike any other Court, can make costs orders and work orders. Contractors must behave professionally when carrying out construction works. Otherwise, Contractors may have costs ordered against them, rather than a…

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Building Construction Defects Strata

23 January, 2023

What is the evidentiary threshold for combustible cladding?

In our previous article published this October titled, “Governments react to combustible cladding following the Grenfell fire?”, we discussed NSW and UK government reactions to combustible cladding post-Grenfell. Here, we ask what evidence is required to determine whether the builder or developer is liable to replace retrospectively-banned cladding. Biowood…

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Property Stamp duty

11 January, 2023

The First Home Buyer Dilemma – Stamp Duty or Property Tax?

From 16 January 2023, eligible first home buyers will have a choice between paying stamp duty on the transfer of the land or an ongoing property tax. It is estimated that it takes the median NSW household around 10 years to save for a 20 per cent deposit and…

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Building Construction Development Law

9 January, 2023

New Licensing Regime for NSW and the Commercial Construction Sector

If you are carrying out commercial construction work or considering moving into the commercial construction sector on the basis of its (currently) relaxed licensing requirements, we recommend that you read this article. NSW is the only jurisdiction in Australia that does not require a building licence to carry out…

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Building Construction Contracts Projects

3 January, 2023

New NSW Government Commercial Principles

On 1 September 2022, the NSW Government published its “Commercial principles on escalation risk for infrastructure projects” (Commercial Principles) to guide contractors and government agencies through the current inflationary environment. The Commercial Principles recognise cost escalation as a foreseeable risk that can be managed. These are intended as a…

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Building Construction Law

26 December, 2022

Comparison of Home Warranty Insurance Schemes

What is Homeowners’ Warranty Insurance? Homeowners warranty insurance (HWI) is a type of mandatory insurance designed to protect homeowners in the event that certain residential building works are defective or incomplete. HWI is known by many different names throughout Australia. National Approach Currently there is no uniform national approach to…

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Building Construction Contracts

19 December, 2022

Warranties by the Provider of Free Issue Material

General Rule The general rule is that a person who contracts to do work and supply materials warrants that the materials used will be of good quality and reasonably fit for its intended purpose, unless the Contract excludes such warranty. Free Issue Items/Material In McMurray v AIG Insurance Australia…

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Adjudication Building Construction Contracts Law Security of Payments

14 December, 2022

‘Pay When Paid’ Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5

What exactly is a ‘pay when paid’ provision? A ‘pay when paid’ provision is one where the release of retention under a subcontract is dependent on the operation of a clause of the head contract. Under s 12 of the Building and Construction Industry Security of Payment Act 1999…

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Commercial Insolvency Law Tax

2 December, 2022

Director Penalty Regime

Any moratoria in place since COVID-19 is now at an end. The Australian Tax Office (ATO) has reverted back to recovering outstanding tax liabilities. If you are a director of a company, it is important that you are aware that the ATO can, in particular circumstances, recover unpaid company tax…

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Construction Law

28 November, 2022

Unreasonable or Disproportionate Rectification Scope – Where do Courts Draw the Line?

Where defective construction work requires rectification and the rectification work is carried out by the Principal, the Principal is entitled to recover the cost of those rectification works in the form of damages. This article considers the extent of the damages recoverable by a Principal. How does a Principal recover…

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Contractors Beware – NCAT Decision on Work Orders and The Application of Margins

What is the evidentiary threshold for combustible cladding?

The First Home Buyer Dilemma – Stamp Duty or Property Tax?

New Licensing Regime for NSW and the Commercial Construction Sector

New NSW Government Commercial Principles

Comparison of Home Warranty Insurance Schemes

Warranties by the Provider of Free Issue Material

‘Pay When Paid’ Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5

Director Penalty Regime

Unreasonable or Disproportionate Rectification Scope – Where do Courts Draw the Line?

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