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A landmark Court of Appeal case led by Vincent Young changes the operation of bank guarantees in NSW ConstructionGuaranteesLawVincent Young
12 July, 2024

A landmark Court of Appeal case led by Vincent Young changes the operation of bank guarantees in NSW

Fundamental change to the operation of bank guarantees EnerMech Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd NSWCA 162 has changed the operation of bank guarantees fundamentally in New South Wales. The case represents a significant decision from an intermediate appellate court concerning the intricate dynamics between bank guarantees…
nicole
Submissions “Duly Made” & the Scope of the Adjudicator’s Obligation to Consider Law
21 June, 2024

Submissions “Duly Made” & the Scope of the Adjudicator’s Obligation to Consider

Bega Valley Shire Council v Kenpass Pty Ltd NSWSC 399 The recent case of Bega Valley Shire Council v Kenpass Pty Ltd NSWSC 399 (“Bega Council v Kenpass”) discusses the level of consideration an adjudicator must have for each party’s arguments under section 22(2) of the Building and Construction Industry…
Victoria Caldwell
Enforceability Of HBA Contracts Law
28 March, 2024

Enforceability Of HBA Contracts

Dyjecinska v Step-Up Renovations (NSW) Pty Ltd NSWSC 159 (Dyjecinska case) The Home Building Act 1989 (NSW) (HBA) provides that a residential building contract (contract) must meet certain requirements, such as the contract must be signed, made in writing and contain sufficient description of the works. If the contract does…
Victoria Caldwell
To market, to market: Calculation of market value compensation in the compulsory land acquisition process in NSW LawProperty
28 April, 2023

To market, to market: Calculation of market value compensation in the compulsory land acquisition process in NSW

During the compulsory process of land acquisition, disputes can arise regarding whether the compensation offered is on just terms for the owners of land. The recent case of G&J Drivas Pty Ltd v Sydney Metro NSWLEC 20 provides further guidance on how the Court assesses compensation of land. Process Land…
bluesix
Application of Limitation Periods to the Statutory Duty of Care under the Design and Building Practitioners Act BuildingConstructionDefectsLawProjectsProperty
12 April, 2023

Application of Limitation Periods to the Statutory Duty of Care under the Design and Building Practitioners Act

The introduction of the Design and Building Practitioners Act (DBPA) represents a tremendous reform for the construction industry. The duty of care imposed by section 37 has the potential to impact both businesses and individuals significantly. Industry stakeholders should be aware of the limitation periods applying to this duty. Relevant…
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New Licensing Regime for NSW and the Commercial Construction Sector BuildingConstructionDevelopmentLaw
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…
bluesix
Comparison of Home Warranty Insurance Schemes    BuildingConstructionLaw
26 December, 2022

Comparison of Home Warranty Insurance Schemes   

What is Homeowners’ Warranty Insurance? Homeowners warranty insurance (HWI) is a type of mandatory insurance designed to protect homeowners in the event that certain residential building works are defective or incomplete. HWI is known by many different names throughout Australia. National Approach Currently there is no uniform national approach to…
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