Malik Anne

My builder is increasing the Contract price to build my house, what are my options?

Leave a Comment / Building & Construction / By

A builder’s entitlement to increase the agreed contract price depends on the terms and conditions of the contract. Standard building contracts do not, generally, include a term allowing the builder to increase the contract price, however some building contract will contain special terms and conditions which may allow the builder to increase the contract price. …

My builder is increasing the Contract price to build my house, what are my options? Read More »

Building & Construction Security of Payment Act: Purpose and Application

Leave a Comment / Building & Construction, Litigation & Dispute Resolution, Recent Cases / By

The purpose of the Act and the adjudication process it introduced is to provide a quick and interim resolution to a dispute and ensure that payment for services rendered is promptly made and not unreasonably withheld. The Act facilitates cash flow down the chain and is a powerful tool for “smaller” parties seeking to recover …

Building & Construction Security of Payment Act: Purpose and Application Read More »

Going Guarantor? Know what you are signing up for

Leave a Comment / Business Law / By

The concept of guaranteeing a debt is simple enough, however the legal and financial consequences of going guarantor are significant. Financial institutions and lenders require their clients to obtain independent legal advice prior to processing a guarantor application. The legal advice provided by the lawyer should be comprehensive, advice in this context is not merely …

Going Guarantor? Know what you are signing up for Read More »

Settlement Offers and Costs Ramifications

Leave a Comment / Building & Construction, Compensation & Negligence Claims, Litigation & Dispute Resolution / By

The general rule with respect to legal costs is that costs follow the event, unless the court determines that some other order should be made. In other words, if you win a legal case, you are entitled to recover your legal costs from the losing opponent, unless the Court says otherwise. A scenario where the …

Settlement Offers and Costs Ramifications Read More »

Briefing an expert? Make sure your expert complies with the requirements of an expert witness

Leave a Comment / Building & Construction / By

The Evidence Act 1995 (NSW) provides that evidence of an opinion is inadmissible (s.76(1)) except where the witness providing the opinion has specialised knowledge based on his or her training, study, or experience and the opinion provided is wholly or substantially based on that knowledge (s.79). In other words, opinion evidence is admissible if a …

Briefing an expert? Make sure your expert complies with the requirements of an expert witness Read More »

An introduction to new the obligations under the Design and Building Practitioners Regulations 2021 (NSW)

Leave a Comment / Building & Construction / By

The NSW Government has introduced a new suite of obligations on design and building practitioners. The new obligations are aimed at restoring consumer confidence and ensuring construction is compliant with building standards. The new obligations are governed by the Design and Building Practitioners Act 2020 (NSW) (Act) and the Design and Building Practitioners Regulations 2021 …

An introduction to new the obligations under the Design and Building Practitioners Regulations 2021 (NSW) Read More »

Scroll to Top
Scroll to Top