Building & Construction

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

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 …

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

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 …

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Copyright and Building Plans – Warning to Homeowners

If you are a Homeowner wanting to find the right Builder to build your dream home, where do you start? Some Homeowners have a pre-existing layout of how they want their home to be built and want to shop around from Builder to Builder to get the best value for money. So, what do you …

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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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