201510.29
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When does Completion Actually Occur?

The definition of “completion date” has been widely litigated. Consequently, s 3B was inserted into the Home Building Act 1989 (the “Act”). Pursuant to s 3B of the Act, the completion date of residential building works occurs: when the work is complete within the meaning of the contract; or on practical completion. With this definition…

201510.29
0

What is the Building Code and When Does it Apply?

In our article titled “Fair Work Targeting the Building & Construction Industry” we notified our mailing list that the new Fair Work (Building Industry) Act 2012 came into effect (the “Act”) on 1 February 2013. Furthermore, we provided our readers with an outline of the objectives of the Act. In this article we notify our…

201510.29
0

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 (NSW) (the “Act”). Nevertheless, there have been several disciplinary proceedings brought against licenced contractors who have failed to obtain insurance. In the case of Pobjie v Commissioner for Fair Trading, Pobjie Agencies (“Pobjie”) was contracted to perform building…

201510.29
0

Reforms to the Home Building Act

The Department of Fair Trading previously announced that New South Wales will be undertaking a reform to the State’s building laws. Minister Anthony Roberts indicated that their first priority is to create a framework which will minimise the chance of problems which often arise during home building and to ensure there are measures in place…

201510.29
0

Renovation Works – Put it into writing!

In the case of Price, Clark v Urban Garden Enrichment and Munn (Home Building) [2012] NSWCTTT 413, the applicants requested Mr Munn to assist them with drawing up plans for landscaping a courtyard and swimming pool. Mr Munn held a Qualified Supervisor Licence for structural landscaping but was not permitted to contract directly with consumers….

201510.29
0

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 variation in accordance with the contract. However, what happens if the variations are not made in writing? Generally, builders and contractors are unable to claim for the costs of the variation pursuant to the contract, nevertheless, the…

201510.29
0

More Paperwork for the Construction Industry

On 20 November 2013, the Building and Construction Industry Security of Payment Bill 2013 (NSW) was given royal ascent. The new laws make substantial changes to the Building and Construction Industry Security of Payment Act 1999 (NSW) (the “ACT”). This article will discuss the most notable ways in which your business has been affected by…

201510.29
0

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 engaged Masterton Homes to construct a single storey 4 bedroom dwelling. Almost a year after the certificate of practical completion had been issued, there were two (2) alleged defects which became known: defects with respect to the gutters;…

201510.29
0

Inadequate Designs & Specifications – What do you do?

Imagine this scenario -you are in the middle of  completing  a  home  building contract  and you discover that something in the architect’s plans   is   not   quite   right –perhaps   they neglected  to  specify  an  essential  component in the plans, or perhaps the plans would not adhere to the Building Code of Australia (“the Code”). What do…