Development Archives - Page 2 of 4

Construction Development

10 November, 2023

Recourse To Security Based On A Bona Fide Claim

Total Construction Pty Ltd v Catholic Healthcare Limited NSWSC 585 It is common for bank guarantees (BGs) to be used as a form of security to secure the performance of a contractor’s obligation in a construction contract. A principal’s right to have recourse to the BGs is often governed by…

Victoria Caldwell

Construction Development

7 September, 2023

Always Presume Design Liability

New trends increasing a contractor’s liability – AS4902 Last year we published an article explaining a recent trend concerning the imposition of design liability on contractors through buildability clauses in construct only contracts. In this article we examine another trend concerning increased design liability exposure to contractors’ in design &…

Brett Vincent

Development Property & Projects

28 August, 2023

What is subdivision of land?

Subdivision of land is defined under the Environmental Planning and Assessment Act 1979 (NSW) as the division of land into two or more parts that, after the division, would be obviously adapted for separate occupation, use or disposition. The division may (but need not) be effected: (a) by conveyance, transfer…

Vincent Young

Construction Development Property & Projects

23 August, 2023

NSW Government Announces Dramatic Planning Re-structure

On Friday 18 August 2023, New South Wales Premier, Chris Minns, unveiled a drastic new portfolio re-structure aimed at tackling energy challenges, climate change, environmental preservation and housing concerns. From 1 January 2024, the Department of Planning and Environment will undergo a strategic division into two new specialised Departments: the…

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

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 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

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 Development Property & Projects

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…

Victoria Caldwell

Development

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