Construction Archives - Page 3 of 8

Building Construction Development Projects

12 July, 2023

The Design And Building Practitioners Act Claims In NCAT

Case Note - Deaves v Sigma Group NSW Pty Limited NSWCATAP 94 The Home Building Division of Civil and Administrative Tribunal of New South Wales (NCAT) can determine residential building work disputes typically involving breaches of the statutory warranties in section 18B of Home Building Act 1989 (NSW) (HBA). It…

Vincent Young

Construction

2 June, 2023

Directors – Are You Liable Under Section 37 of the DBPA?

Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group NSWSC 343 (Oxford v KR Properties) Directors of contractors should be relieved to hear that in the recent case of Oxford v KR Properties, the Supreme Court rejected a claim against a contractor’s director for…

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Building Construction Development Projects

22 May, 2023

Contractors, Be Prepared – Key changes to building laws from 3 July 2024

Introduction From 3 July 2024, the Design and Building Practitioners Act 2020 (NSW) (DBPA) and Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RABA) will apply to the construction of new class 3 and 9c buildings. This article sets out the key changes of which contractors should be…

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Commercial Construction Contracts Defects Litigation

22 May, 2023

Standstill Agreements Pending Negotiations

Price v Spoor HCA 20 (Price v Spoor) Contractors with defects claims against subcontractors often commence litigation prematurely to preserve their claims from being time-barred. This occurs despite the costly nature of litigation and its potential to undermine settlement negotiations. The High Court case of Price v Spoor has confirmed…

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Building Construction Development Litigation

16 May, 2023

Superintendent: An Agent Or Independent Of The Principal?

Case Note on V601 v Probuild VSC 849 Background This case concerns a development of five separate buildings comprising commercial suites and residential apartments. V601 was the developer. V601 engaged Probuild to design and construct the project under an amended contract form of AS4902-2000 (Contract). Issues The issues concerned time-related…

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Building Construction Defects Litigation

19 April, 2023

Proving Causation Against Third Party Professionals In The Building Industry

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…

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Building Construction Defects Law Projects Property

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…

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Adjudication Building Construction

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…

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Building Construction Development Property

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…

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Building Construction Defects

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…

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