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Interior Designers and the Application of the Design and Building Practitioners Act Construction
26 July, 2021

Interior Designers and the Application of the Design and Building Practitioners Act

  Interior Designers and Registration “Interior Architects” who make designs concerning Building Work would need to be registered as an Architect or Building Designer (Low/Mid-rise) to make compliance declarations. Building Work refers to: the construction; alteration or addition; repair or renovation; or protective treatment, of a Class 2 Building Element.…
Victoria Caldwell
New levy, penalties and prohibitions to the RAB Act and the DBP Act. ConstructionDevelopment
22 July, 2021

New levy, penalties and prohibitions to the RAB Act and the DBP Act.

On 8 June 2021, the NSW Parliament passed the Building Legislation Amendment Act 2021 (Amending Act) which made several key amendments to the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RAB Act), and the Design and Building Practitioners Act 2020 (NSW) (DBP Act). The Amending Act focuses on enhancing the…
Victoria Caldwell
CPB held to its DEAL Construction
14 July, 2021

CPB held to its DEAL

A recent decision of the New South Wales Supreme Court in CPB Contractors Pty Ltd v DEAL S.R.L. NSWSC 820 confirmed the pro-arbitration approach of the Supreme Court and examined interesting issues concerning: the breadth of the kompetenz-kompetenz principle, and whether the Court or an arbitrator should determine if a…
Victoria Caldwell
Construction company wins case on exception to redundancy payments ConstructionEmployment
24 June, 2021

Construction company wins case on exception to redundancy payments

A Full Federal Court has found, in a case involving a construction company and the CEPU, that the “ordinary and customary turnover” exception to redundancy pay in section 119 of the Fair Work Act 2009 (Cth) applied to employees employed for a specific construction project. At first instance, the primary…
Victoria Caldwell
NSW reform | New obligations for design and building practitioners and professional engineers ConstructionProperty & Projects
2 June, 2021

NSW reform | New obligations for design and building practitioners and professional engineers

Recap The Design and Building Practitioners Act 2020 (‘DBP Act’) assented on 10 June 2020 created a statutory duty of care on residential builders to owners of land and each subsequent owner of the land (owners corporations and lot owners) over and above the statutory warranties provided under the Home…
Victoria Caldwell
Major Amendments to the Building and Construction Industry Security of Payment Regulation 2020 (NSW) ConstructionProperty & ProjectsSecurity of Payments
16 March, 2021

Major Amendments to the Building and Construction Industry Security of Payment Regulation 2020 (NSW)

On 1 March 2021, Schedule 2 of the Building and Construction Industry Security of Payment Regulation 2020 (NSW) (Regulations) came into force. As a result, owner occupier construction contracts entered into on or after 1 March 2021 are no longer exempt from the application of the Building and Construction Industry…
Victoria Caldwell
Security of Payments: retention trust accounts on $10 mill projects ConstructionSecurity of Payments
17 July, 2020

Security of Payments: retention trust accounts on $10 mill projects

The NSW Government is proposing to repeal the current 2008 regulations to the Building and Construction Industry Security of Payment Act 1999 (NSW) replacing them with a new set of regulations: the Building and Construction Industry Security of Payment Regulation 2020. A key change is the requirement for head contractors…
Victoria Caldwell
Introduction of new law relating to serious defects and issuance of occupation certificates ConstructionDevelopmentProperty & Projects
2 July, 2020

Introduction of new law relating to serious defects and issuance of occupation certificates

Introduction The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (Act) was assented to on 10 June 2020 and will commence on 1 September 2020. The Act applies retrospectively and significantly impacts residential projects delivery, completion, developer cash flow and contractors risks. Developers (you) must note these changes…
Victoria Caldwell