Building & Construction

Why it is important for a Builder to have their Building Contract reviewed.

For a Builder entering into a Building Contract with a Homeowner, it is a long-term, expensive commitment. It should then make sense to have a professional spend some time reviewing that Building Contract and provide advice before you sign. This way, you are able to familiarise yourself with the Building Contract and the general building …

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Why it is important for a Homeowner to have their Building Contract reviewed before signing?

For a Homeowner entering into a Building Contract with a Builder, it is a long-term, expensive commitment. It should then make sense to have a professional spend some time reviewing that Building Contract and provide advice before you sign. This way, you are able to familiarise yourself with the Building Contract and the general building …

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Beware Owners and Builders

There have been recent changes to Building and Construction Industry Security of Payment Act 1999. From 1 March 2021, ‘Owner occupier’ residential construction contracts will be impacted by these changes. Residential building work done to residential properties where the owner resides in that dwelling or proposes to reside are caught by these. What are these …

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Offers of Settlement – Building Law

Most residential building disputes are now determined by NCAT, a Tribunal established by the NSW Government. In dealing with the resolution of a dispute, it is important that you get advice from Adams and Partners Lawyers at an early stage of the dispute. NCAT’s Act, Regulation and Rules do not recognise a Notice of Compromise …

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Owner-Builders Beware!

Did you know that if you are an Owner-Builder, you will need to ensure you receive a Home Building Compensation cover (for each component of work that is $20,000 and over (including GST)) from your tradies? You will need to disclose this as a consumer warning work in your contract for sale in the event …

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Jordan Springs and Llandilo Land settlement issues

You may have read recently in the Daily Telegraph (9 January 2020 & 5 March 2020) that there huge concerns of the land settling or land subsiding in the Jordan Springs/Llandilo area. As an Owner, especially first home buyer, you may have invested your lifetime savings and entered into a mortgage to build your dream …

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NSW Home Building Disputes in 2020

On 1st February 2012, the NSW State Government amended the Home Building Act 1989 (Home Building Amendment Act 2011) as it relates to the period for a Home Owner to claim for rectification/compensation for defective Residential Building work (Building Disputes). The Act requires Home Owners to commence proceedings in NCAT, within time limits of:- Six …

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Variations Not Under A Building Contract

CAN YOU CLAIM FOR VARIATIONS THAT DOES NOT COMPLY WITH THE REQUIREMENTS UNDER THE BUILDING CONTRACT? Yes. The building contract has a specific process that the Builder and the Homeowner needs to follow, in particular the builder. However, this does not always happen. If the builder has carried out variation works without following the process …

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Building Law in Penrith, Parramatta & Hawkesbury

Adams & Partners Lawyers (“APL”) provides specialist advice on building law in the Penrith, Parramatta and Hawkesbury areas. APL operates legal offices in both Penrith and Parramatta. A topic that raises its heads regularly is when do I need Home Warranty Insurance? The NSW Government requires Builders and Tradespersons to take out Home Warranty Insurance …

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Your Questions Answered – Termination of a Residential Building Contract in NSW

Here are some of the common questions we get asked about terminating a residential building contract in NSW: Q: Can an Owner terminate/cancel a Building Contract after it has been signed by both Parties without penalty where the Contract is for an amount in excess of $20,000.00? A: Yes, providing the Owner cancels the Contract …

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