Construction Archives - Page 7 of 8

Building Construction Security of Payments

22 September, 2021

Residential builders and their claims under the Security of Payment Act

Effective from 1 March 2021, the operation of the Building and Construction Industry Security of Payment Act 1999 (NSW) has been expanded due to an amendment made to the Building and Construction Industry Security of Payment Regulation 2020 (NSW) (collectively, ‘Security of Payment Laws’). The Security of Payment Laws now…

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Building Construction Law

12 August, 2021

Settlement agreements in building disputes – a cautionary tale

A recent decision of the New South Wales Supreme Court in The Owners – Strata Plan No 85561 v Omaya Holdings Pty Ltd NSWSC 918 (Omaya) examined and enforced a settlement agreement executed as between an Owners Corporation (OC), a builder (Builder) and a developer (Developer). The decision of the Court…

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Building Construction Law

29 July, 2021

Liabilities for body corporates and nominated building practitioners under the Design and Building Practitioners Act 2020 (NSW) (Act)

On 1 July 2021, the following sections of the Act commenced operation: Part 2; Division 1 of Part 3; Parts 5 to 9; and Clauses 2 to 4 of Schedule 1. The commencement of these sections introduces the Act in its full operation, except for the requirements as to specialist…

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Building Construction Law

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.…

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Building Construction Development Law

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…

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Building Construction Contracts Law

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…

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Construction Employment HR Law

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…

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Building Construction Law Property

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…

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Adjudication Building Construction Contracts Law Property Security 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…

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Building Construction Contracts Law

20 July, 2020

Schedule of rates or lump sum? Pick your poison

On 29 May 2020, the New South Wales Court of Appeal (Court of Appeal) handed down its decision in C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd NSWCA 103. The case deals with a common dispute in construction supply contracts: whether the contract is a ‘schedule of…

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