Construction

Introduction Section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBPA) imposes a statutory duty of care on those who carry out construction work in or related to a building to avoid economic loss to the owner or subsequent owner resulting from defects. Section 37 has not been…

Carbone v Fowler Homes Pty Ltd (No 2) NSWCA 214 In the past the UK Courts have been prepared to accept that a liquidated damages regime (even with a liquidated damages rate of $Nil or $1 per day) could operate to exclude any common law right to damages, even in…

Prior Works are Covered… Or are They?   Overview This article has been prompted by a recent Queensland adjudication determination where the adjudicator determined that even though the terms of the contract in question incorporated by reference prior works performed under an early contractor involvement (ECI) agreement, the contract did…

What do you need to know? Simon Mok is a Special Counsel with Vincent Young and is dual-qualified in Hong Kong and Australia. He has a deep understanding of the legal requirements in Hong Kong and Australia. He provides his insights into procurement from China below. Australian builders often source…

Kazzi v KR Properties Global Pty Ltd  t/as AK Properties Group NSWCA 143 (Kazzi v KR Properties) A recent Court of Appeal case confirms that in relation to a claim under section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) the Court may assess damages in…

Last week, our team had the privilege of meeting with The Hon Scott Farlow MLC and Mr Tim James MP to discuss the upcoming review by the Public Accountability and Works Committee of the Design and Building Practitioners Act 2020 and the Residential Apartment Buildings (Compliance and Enforcement) Act 2020.…

The judgment in The Owners – Strata Plan 80867 v Da Silva NSWDC 263 provides a fresh reminder of some basic concepts in construction law that every industry participant should know, namely, oral variations are not allowed under residential building contracts and claims under section 37 of the Design and…

In line with the growing trend of artificial intelligence (AI) in contract review, Vincent Young has taken the initiative to explore several leading AI systems on the market. This article provides some insights into the strengths and weaknesses of AI systems, drawing from our own experiences. While Vincent Young acknowledges…