Pursuant to s 53 of the Home Building Act 1989 (NSW) (the Act), a holder of a contractor licence or a supervisor certificate who has control over the carrying out of residential building work or specialist work is guilty of improper conduct if: the requirements of the Act are not complied with; a breach of…
For homeowners, building your own home can become a stressful exercise which often results in litigation over which party was actually in breach of the contract. For homeowners, it is a regular occurrence to become frustrated by builders and contractors, but terminating the contract prematurely or without legal advice can limit a homeowner’s right to…
In the case of Jason Field & Kim Field v Craig John Dettman, the Fields had obtained an owner builder licence for the construction of their home. It was agreed between Mr Dettman and the Fields that the Fields would perform their own roofing works whereas Mr Dettman would perform the carpentry works and project…
In the case of Bannister v Department of Finance and Services [2011] NSWADT 290, Mr Bannister had held a builders licence for 31 years and by oversight, he failed to renew the licence. Accordingly, the following year Mr Bannister applied for an individual contractor licence which was refused by the Department of Services, Technology and…
In our previous article titled Demanding payment without sufficient home warranty insurance, we discussed the consequences for a licenced contractor who did not obtain sufficient home warranty insurance for building works. In this article, we discuss the exception to the rule. Pursuant to s 94 of the Home Building Act 1989 (NSW) (the “Act”), a…
As at 5 May 2013, Fair Work Building & Construction has recovered over $2 million in unpaid wages and entitlements from employers in the building and construction industry. For those who may not be aware, on 1 February 2013, the new Fair Work (Building Industry) Act 2012 came into effect (the “Act”). The object of…
The Home Building Services may issue a Notice to Show Cause to a licensed contractor during disciplinary proceedings which are often instigated from a complaint. A Notice to Show Cause will be issued on grounds that a contractor has engaged in improper conduct, normally arising from defective construction works. When determining whether disciplinary proceedings should…
In our previous article titled what happens if you don’t obtain sufficient insurance? We discussed the consequences for building contractors who perform works without sufficient home warranty insurance. In this article, we discuss whether a licenced contractor can demand payment in these circumstances. Pursuantto s 92 of the Home Building Act 1989(NSW) (the “Act”), contractors…
In our article titled How to select a building consultant to prepare a pre –purchase inspection report, we reviewed the legal position that a home owner can recover damages where a building consultant has been negligent in preparing a pre –purchase inspection report. In this article, we discuss how to prove a building consultant has…
In the High Court case of Concrete Pty Limited v Parramatta Design & Developments Pty Ltd [2006] HCA 55, Concrete Pty Limited (“Concrete”) and Parramatta Design & Developments Pty Ltd (“PDD”) had entered into a joint venture agreement with respect to the development of land owned by PDD. Regrettably, the joint venture relationship broke down…
