The Residential Apartment Buildings (Compliance & Enforcement Powers) Act 2020 (NSW)
The Residential Apartment Buildings (Compliance & Enforcement Powers) Act 2020 (NSW) (the Act) commenced on 1 September 2020. The Act applies to Class 2 buildings and buildings including a Class 2 component. These are typically multi-storey, multi-unit apartment buildings. For the purposes of the Act a developer is defined as: The person who contracted or arranged for, […]
Strata Schemes Management Amendment (Information) Regulation 2021
Strata Hub: Strata Schemes Management Amendment (Information) Regulation 2021 The Strata Schemes Management Amendment Information Regulation 2021 has been introduced which will require new reporting obligations on or on behalf of Strata Schemes. It is important you are informed and aware of the new reporting requirements and to ensure you meet the date of compliance. […]
The Residential Apartment Buildings (Compliance & Enforcement Powers) Act 2020 (NSW)
The Residential Apartment Buildings (Compliance & Enforcement Powers) Act 2020 (NSW) (the Act) commenced on 1 September 2020. The Act applies to Class 2 buildings and buildings including a Class 2 component. These are typically multi-storey, multi-unit apartment buildings. For the purposes of the Act a developer is defined as: The person who contracted or arranged for, […]
Introduction of the Design and Building Practitioners Act 2020
The Act is now in force and commenced on 11 June 2020. The new legislation has been introduced to regulate those who design and construct new buildings. The purpose of the legislation is to ensure compliance. There are further enforcement and disciplinary areas which will come into force in July 2021. The Regulations have yet […]
Update on the Strata Building Bond and Inspections Scheme which commenced on 1 January 2018
The New Strata Building Bond and Inspection Scheme commenced on 1 January 2018. The Scheme applies to Construction Contracts signed or where there is no contract and building work commences from 1 January 2018. NSW Fair Trading will not require Developers of new strata schemes to lodge defect bonds prior to 31 December 2017. The […]
Article: Payment Claim and the NSW Building and Construction Industry Security of Payments Act 1999
The NSW Building and Construction Industry Security of Payments Act 1999 (“the Act”) provides an expedited regime for builders and subcontractors to make a claim for money owing pursuant to construction contracts. Key Points of the Act Pursuant to this regime, the process is as follows: 1. A Claimant serves a Payment Claim on a […]
Why you Should Seek Legal Advice if you are having problems with your Builder
We often get inquiries from client homeowners who are facing difficulties with their Builder during the course of building works pursuant to a Building Contract entered into. These inquiries usually relate to either one or several of the following matters: Potential building defect issues; Variations; Potential overcharging; Termination of Contract; Potential Breach of Contract; Delays […]
Are Costs Recoverable in proceedings in the NSW Civil and Administrative Tribunal?
In the Local, District and Supreme Courts ordinarily costs follow the event. This means that if a party is successful, they will be awarded costs in their favour and the unsuccessful party will be required to pay the costs of the successful party. If a party is unsuccessful, they will be required to pay costs […]
Statutory Warranties and the Home Building Act 1989
The Home Building Act 1989 (“the Act”) provides statutory warranties which are expounded in section 18B of the Act and are implied into every building contract to do residential building work. These warranties relevantly include that the building works “will be done with due care and skill and in accordance with the plans and specifications […]
Article: What is Negotiation, Mediation, Arbitration and Conciliation and what are the benefits of each process?
Negotiation involves a process whereby the parties can either meet face to face on an informal basis or exchange settlement offers to try and resolve a dispute. The parties involved will directly communicate with one another to try and reach an agreement. Negotiations can be conducted with or without the assistance of a third party, […]