Proceedings for breach for statutory warranty must be commenced before the end of the warranty period. The warranty period for breach resulting in major defects is 6 years from the date of completion of works and 2 years for any other defects. Where proceedings are commenced 2 years after the date of completion of works,
Major defects and Statutory Warranty claims under the Home Building Act Read More »
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 »
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 »
It is of great importance that window and glass manufacturers keep a close eye on whether or not the windows and glass manufactured in their factories or facilities do comply with the National Construction Code and/or the Australian Standards applicable. Recently I came across a matter which I handled for a client where the builder
Window Manufacturers – Need for Compliance Read More »
The short answer is yes. It is a legal requirement for a builder engaging in residential building work to enter into a written contract for the services he or she provides. The form of the contract will depend on the nature of the job and likely costs of the project. Failure to enter into a
Building Contracts, do I need one? Read More »
We recently had a great result for our client where NSW Fair Trading had refused to issue a builder’s licence. As is the case in a lot of the circumstances that trades people making an application for a builder’s licence are not aware that as long as they can provide proof (supported by evidence from
Builder’s Licence Application Read More »
Consumers need to pay attention to the documents attached to contract for sale of land and what their rights are prior to signing for purchasing Off the Plan properties. When you first enter or about to enter into such contract for Off the Plan purchase, you will need to pay attention to not only to
Off the Plan Purchases Read More »
In recent months you may have heard the news about Tasmanian Constructions (Hotondo Homes franchise in Hobart) going into liquidation. Tasmania does not have a requirement (since about 2008) requiring Home Warranty Insurance. However, in NSW there is a requirement for home building compensation fund (Home Warranty Insurance) cover to be taken out by the
Home Building Compensation Fund Read More »
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 »
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
