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…

201510.28
0

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 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…

201510.28
0

How Do I Terminate My Home Building Contract?

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…

201510.28
0

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 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…

201510.28
0

Have you been refused a contractor licence?

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…