The case of Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd NSWCA 223 (Mistrina) considers the current state of the law with regard to proving causation where a party claims loss against a third party based on allegations of misleading and deceptive conduct. In the building and construction industry, the…
12 April, 2023
Application of Limitation Periods to the Statutory Duty of Care under the Design and Building Practitioners Act
The introduction of the Design and Building Practitioners Act (DBPA) represents a tremendous reform for the construction industry. The duty of care imposed by section 37 has the potential to impact both businesses and individuals significantly. Industry stakeholders should be aware of the limitation periods applying to this duty. Relevant…
23 March, 2023
An Adjudicator’s Power to Request Further Submissions
Pursuant to section 21(4) of Building and Construction Industry Security of Payment Act 1999 No 46 (NSW)(SOPA), adjudicators have powers to request further submission from either party provided that the other party has an opportunity to reply. Adjudicators can exercise this power any time after an initial submission has been…
21 March, 2023
Dear Developers: failing to plan is planning to fail
Ausbao (286 Sussex Street) Pty Ltd v The Registrar General of New South Wales NSWCA 18 This decision highlights the importance of developers paying attention to the deposited plans in contracts for sale of land and, consider independently verifying the size of the site areas being purchased. What is the…
23 February, 2023
Recovering Damages When a Contractor is Terminated
Case note - Heavy Plant Leasing Pty Ltd (in liquidation) v McConnell Dowell Constructors (Aust) Pty Ltd (No2) When a contractor has failed to complete their contracted works and is terminated, the principal will have to engage another contractor to finish the job and then claim the costs to complete…
14 February, 2023
Duty Of Care, Where Does It Stop?
A Case Note on Roberts v Goodwin Street Developments Pty Ltd NSWCA 5 Extension of the Duty of Care under DBPA The Supreme Court in Goodwin held that the coverage of duty of care under section 37(1) of the Design and Building Practitioners Act 2020 (NSW) (DBPA) extends beyond residential…
30 January, 2023
“You’ve Been Served” – Or Have You? Electronic Service Under SOPA
The increasing integration of technology into the construction industry has brought on a range of new methods of delivery of information which have substantially replaced traditional post. The legal process of ‘service’ is no exception and has been the subject of dramatic change to account for technologies such as…
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…
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…
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…