Construction

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…

With the enactment of the Design and Building Practitioners Act 2020 (NSW) (‘the DBP Act’) and Design and Building Practitioners Regulations 2021 (‘the DBP Regulations’) the construction industry and lawyers alike are struggling to grapple with the application, scope and consequences of the imposition of the duty of care by…

What is their impact on construction projects and what are the remedies?  The global supply chain plays an important role in Australia’s construction projects, not least because we import construction plant and materials (e.g. façade, mechanical, electrical and joinery products, etc.) from overseas.  Events like war and port strikes may…

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…