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…
In the case of Chase Oyster Bar v Hamo Industries [2010] NSWCA 1990, Chase Oyster Bar (Chase) engaged Hamo Industries (Hamo) to perform fitout building works in Chatswood Chase. During the performance of the works, Hamo issued payment claims and Chase did not provide payment schedules. Accordingly, Hamo notified Chase that it was going to…
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,…
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…
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…
Are you a builder who has experienced the owner continuously requesting variations to the Contract? If so, did you know that if the contract price has increased by more than 15% there is a legal remedy pursuant to the Domestic Building Contracts Act 1995 (Vic) (the “Act”)? Builders would be prudent to remember that the…
