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Development

The Effect of Nominal Rates for Liquidated Damages BuildingConstructionContractsDevelopment
10 July, 2024

The Effect of Nominal Rates for Liquidated Damages

Not an exhaustive remedy for a delay This article discusses the impact of the statutory warranties under section 18B of the Home Building Act 1989 (NSW) (HBA) on liquidated damages under a construction contract. Introduction Generally, liquidated pre-ascertained damages are an express agreement between the parties of the genuine pre-estimate…
Seeking Payment Upstream from the Principal BuildingConstructionContractsDevelopmentProjectsSecurity of Payments
20 June, 2024

Seeking Payment Upstream from the Principal

After lodging a payment withholding request under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) on a principal, a subcontractor may utilise the Contractors Debt Act 1997 (NSW) (CDA) to seek payment directly from the principal instead of the respondent/contractor. This alternative means of seeking payment…
TOD and LMR Programs – Developers must engage DevelopmentProjectsProperty
17 May, 2024

TOD and LMR Programs – Developers must engage

Department and Developer Led Housing Increase The Transported Oriented Development (TOD) Program and the Low and Mid-Rise Housing (LMR) Program (together Programs) are opening up opportunities for increased development in targeted areas and regions of NSW. The Programs are initiatives not just to increase housing development to address the current…
Changes To The Strata Building Bond And Method Of Calculation BuildingConstructionContractsDevelopmentStrataTax
9 February, 2024

Changes To The Strata Building Bond And Method Of Calculation

The Building Legislation Amendment Act 2023 (NSW) The Strata Building Bond & Inspections Scheme (SBBIS) was introduced in 2018 to provide some protection to owners’ corporations in relation to defects. On 21 November 2023, the NSW Parliament passed the Building Legislation Amendment Act 2023 (NSW) (BLA) which makes 2 significant…