201510.28
0

Getting Paid for Uninsured Work –The Loophole

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…

201510.28
0

Fair Work Targeting the Building & Construction Industry

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…

201510.28
0

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 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…

201510.28
0

Demanding payment without sufficient home warranty insurance

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…

201510.28
0

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 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…

201510.28
0

Copyright infringement of architectural drawings in development consent

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…

201510.28
0

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 homeowner can make a building claim to the Consumer Trader & Tenancy Tribunal (CTTT) seeking an order for the licenced contractor to pay damages for the costs of rectification works. As an alternative avenue to the CTTT,…

201510.28
1

BCISPA – Denial of Natural Justice

In the case of Lahey Constructions Pty Ltd v Newbold Build Haulage Pty Ltd [2013]NSWSC  215,  Lahey Constructions Pty Ltd (“Lahey”) applied to the Supreme Court of New South Wales (the “Court”) seeking orders to have an adjudication determination made pursuant to the Building and Construction Industry Security of Payment Act 1999 (the  “Act”), set = aside = and found void. The background to this case was…

201510.27
0

Termination of Building Contracts for Delay

Section 41 of the Domestic Building Contracts Act 1995 (Vic) (the “Act”) confers a right on Owners to terminate the contract if: • the work has not been completed within one and a half times the period in which it ought to have been completed; and • the reason for the increased time or cost…