A large percentage of Victorian domestic building projects are completed to a high quality standard. There are however reported instances when things do go wrong, and when they do, it is predominantly the consumers that are left to suffer the consequences. It is for that very reason that the Victorian Government has passed the Building…
The principle of indefeasibility (the State guarantee as to ownership of land) applies only to Torrens title land. Ownership of Old System title is certain only if another person with a better claim cannot be established. Adverse possession is a legal principle that enables a trespasser (or adverse occupier) who has been allowed uninterrupted and exclusive…
Pursuant to s 15 of the Land Tax Act 2005 (Vic) (Act), a purchaser under a contract of sale of land is deemed to be the owner of the and where the purchaser has taken possession. This provision allows a vendor to shift the burden of land tax once possession has passed. However, the definition…
In the case of Leighton v Arogen [2012] NSWSC 1323, Arogen was subcontracted by Leighton to supply horizontal directional drilling services. Arogen delivered a payment claim to Leighton in excess of $6.2 million. Leighton disputed this amount and therefore Arogen filed an adjudication application seeking to obtain a determination that Leighton owed it $6.2million. Pursuant…
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…
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…
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…
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…
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….
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…
