Construction Archives - Page 5 of 13

Construction

7 August, 2023

The Onus And Evidentiary Threshold For Combustible Cladding Clarified

Owners SP 92450 v JKN Para 1 Pty Ltd NSWCA 114 The Court of Appeal (CA) recently clarified the onus and evidentiary threshold for proving combustible cladding claims, making it easier for claimants to establish the liability of builders and developers. In short: a claimant no longer needs to show…

Vincent Young

Construction Development Property & Projects

4 August, 2023

Minns Labor Government Introduces Housing and Productivity Contribution Scheme

Why the HAPCS? The Minns Labor Government of New South Wales is taking what it believes to be decisive action to address the challenges posed by the State's fast-growing population. With some changes already in place since its taking of Office, the Government has introduced the Housing and Productivity Contribution…

Vincent Young

Construction Development Property & Projects

4 August, 2023

New state government housing tax!

Amid a housing supply and cost of living crisis, NSW Government has changed the Environmental Planning and Assessment Act introducing a new ‘Housing and Productivity Contribution’ that will immediately cost developers thousands. Undoubtedly the additional cost will be funnelled back to the purchasers. From 1 October 2023, the upfront construction…

Brett Vincent

Commercial Construction

21 July, 2023

Implied Terms In Construction Contracts

When nothing is something Construction contracts in Australia consist of both express and implied terms. Express terms are clearly stated and agreed upon by the parties involved. Implied terms, on the other hand, are "unspoken" but still considered part of a construction contract. This article will consider the concept of…

Vincent Young

Construction

21 July, 2023

Defect Rectification Costs – Are Betterment Claims Allowed?

Defects commonly occur when a contractor fails to carry out the works according to the plans and specifications required by a construction contract. In such a situation, the contractor is liable to rectify the defects. If the contractor fails to rectify the defects, the principal can claim damages from the…

Vincent Young

Construction Development

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…

Victoria Caldwell

Construction Development

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…

Victoria Caldwell

Commercial Construction

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…

Victoria Caldwell

Construction Development

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…

Victoria Caldwell

Construction

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