Construction Archives - Page 4 of 8

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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Commercial Construction Contracts Law

17 February, 2023

Unfair Contract Terms Will Affect Building Contracts

Back in November 2022, the Commonwealth Government passed the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) to broaden the scope of existing unfair contract terms (UCT) regime. The new UCT regime expands coverage to small businesses from having fewer than 20 employees to up to 100…

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Building Construction Defects

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…

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Commercial Construction Litigation

8 February, 2023

Do Costs Always Follow The Event?

Introduction Costs in litigation can be as complicated as the substantive dispute. There are various types of costs orders that the Court may make and the legal principles behind each costs order. These are each well worth a detailed discussion in their own right. The general rule as to…

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Building Construction

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…

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Building Construction Defects

26 January, 2023

Contractors Beware – NCAT Decision on Work Orders and The Application of Margins

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…

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Building Construction Defects Strata

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…

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Building Construction Development Law

9 January, 2023

New Licensing Regime for NSW and the Commercial Construction Sector

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…

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Building Construction Contracts Projects

3 January, 2023

New NSW Government Commercial Principles

On 1 September 2022, the NSW Government published its “Commercial principles on escalation risk for infrastructure projects” (Commercial Principles) to guide contractors and government agencies through the current inflationary environment. The Commercial Principles recognise cost escalation as a foreseeable risk that can be managed. These are intended as a…

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