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Building & Construction

VBA Show Cause process
VBA Show Cause process
From 1 September 2016, the VBA introduced a show cause process to replace the existing Building Prac...
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Is it a Penalty Clause?
Is it a Penalty Clause?
Is it a Penalty Clause? Is someone trying to hold you liable for breaching a clause which you believ...
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Building Legislation Update – What you need to know!
Building Legislation Update – What you need to know!
A large percentage of Victorian domestic building projects are completed to a high quality standard....
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Is a family member claiming an interest over your family land?
Is a family member claiming an interest over your family land?
The principle of indefeasibility (the State guarantee as to ownership of land) applies only to Torre...
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Does your land contract have “possession” and “land tax” clearly defined?
Does your land contract have “possession” and “land tax” clearly defined?
Pursuant to s 15 of the Land Tax Act 2005 (Vic) (Act), a purchaser under a contract of sale of land ...
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Your Payment Claim and Schedule Must Match Your Adjudication Documents
Your Payment Claim and Schedule Must Match Your Adjudication Documents
In the case of Leighton v Arogen [2012] NSWSC 1323, Arogen was subcontracted by Leighton to supply h...
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When does Completion Actually Occur?
When does Completion Actually Occur?
The definition of “completion date” has been widely litigated. Consequently, s 3B was inserted i...
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What is the Building Code and When Does it Apply?
What is the Building Code and When Does it Apply?
In our article titled “Fair Work Targeting the Building & Construction Industry” we notified...
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What happens if you don’t obtain sufficient insurance?
What happens if you don’t obtain sufficient insurance?
Licenced contractors must insure their building works pursuant to s 92 of the Home Building Act 1989...
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Reforms to the Home Building Act
Reforms to the Home Building Act
The Department of Fair Trading previously announced that New South Wales will be undertaking a refor...
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Renovation Works – Put it into writing!
Renovation Works – Put it into writing!
In the case of Price, Clark v Urban Garden Enrichment and Munn (Home Building) [2012] NSWCTTT 413, t...
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Recovering Costs for Variations to the Contract
Recovering Costs for Variations to the Contract
For builders and contractors, variations to the contract are all well and good if there is a written...
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Principal Contractors Beware – Is Your Payment Schedule Suffice to Defend a Payment Claim?
Principal Contractors Beware – Is Your Payment Schedule Suffice to Defend a Payment Claim?
In the case of Sand Excavation Pty Ltd v Nahas Constructions Pty Ltd [2011] NSWSC 184, various issue...
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More Paperwork for the Construction Industry
More Paperwork for the Construction Industry
On 20 November 2013, the Building and Construction Industry Security of Payment Bill 2013 (NSW) was ...
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Make sure your experts have complied with the Code
Make sure your experts have complied with the Code
In the case of Tinsley v Masterton Homes Pty Ltd (Home Building) [2013] NSWCTTT 26, Tinsley had enga...
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Inadequate Designs & Specifications – What do you do?
Inadequate Designs & Specifications – What do you do?
Imagine this scenario -you are in the middle of  completing  a  home  building contract  and yo...
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How to Defend a Notice To Show Cause and Disciplinary Proceedings
How to Defend a Notice To Show Cause and Disciplinary Proceedings
Pursuant to s 53 of the Home Building Act 1989 (NSW) (the Act), a holder of a contractor licence or ...
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How Do I Terminate My Home Building Contract?
How Do I Terminate My Home Building Contract?
For homeowners, building your own home can become a stressful exercise which often results in litiga...
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Homeowners – The consequences of obtaining an Owner Builder Licence
Homeowners – The consequences of obtaining an Owner Builder Licence
In the case of Jason Field & Kim Field v Craig John Dettman, the Fields had obtained an owner bu...
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Have you been refused a contractor licence?
Have you been refused a contractor licence?
In the case of Bannister v Department of Finance and Services [2011] NSWADT 290, Mr Bannister had he...
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Getting Paid for Uninsured Work –The Loophole
Getting Paid for Uninsured Work –The Loophole
In our previous article titled Demanding payment without sufficient home warranty insurance, we disc...
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Fair Work Targeting the Building & Construction Industry
Fair Work Targeting the Building & Construction Industry
As at 5 May 2013, Fair Work Building & Construction has recovered over $2 million in unpaid wage...
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Did you receive a Notice to Show Cause? Now What?
Did you receive a Notice to Show Cause? Now What?
The Home Building Services may issue a Notice to Show Cause to a licensed contractor during discipli...
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Demanding payment without sufficient home warranty insurance
Demanding payment without sufficient home warranty insurance
In our previous article titled what happens if you don’t obtain sufficient insurance? We discussed...
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Defective pre–purchase inspection reports and how to choose your expert
Defective pre–purchase inspection reports and how to choose your expert
In our article titled How to select a building consultant to prepare a pre –purchase inspection re...
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Copyright infringement of architectural drawings in development consent
Copyright infringement of architectural drawings in development consent
In the High Court case of Concrete Pty Limited v Parramatta Design & Developments Pty Ltd [2006]...
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Commercial Fitouts and Your Obligation to Give Notice of Adjudication Applications
Commercial Fitouts and Your Obligation to Give Notice of Adjudication Applications
In the case of Chase Oyster Bar v Hamo Industries [2010] NSWCA 1990, Chase Oyster Bar (Chase) engage...
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What does a Homeowner do to rectify defective works?
What does a Homeowner do to rectify defective works?
In the event a homeowner claims there have been defective works in the construction of their home, a...
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BCISPA – Denial of Natural Justice
BCISPA – Denial of Natural Justice
In the case of Lahey Constructions Pty Ltd v Newbold Build Haulage Pty Ltd [2013]NSWSC  215,  Lah...
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Termination of Building Contracts for Delay
Termination of Building Contracts for Delay
Termination of Building Contracts for Delay
Section 41 of the Domestic Building Contracts Act 1995 (Vic) (the “Act”) confers a right on Owne...
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Unexpected Increases in the Contract Price
Unexpected Increases in the Contract Price
Are you a builder who has experienced the owner continuously requesting variations to the Contract? ...
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Builders Beware! Check that your selection schedule matches the plans and specifications
Builders Beware! Check that your selection schedule matches the plans and specifications
In the case of Watson v Gremmo Homes Pty Ltd (Home Building) [2013] NSWCTTT 44, Gremmo Homes Pty Ltd...
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Inadequate Designs & Specifications – What do you do?
Inadequate Designs & Specifications – What do you do?
Imagine this scenario – you are in the middle of completing a home building contract and you d...
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