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design and building practitioners

The Statutory Duty of Care and the Design and Building Practitioners Act 2020

The Design and Building Practitioners Act 2020 (NSW) (Design Act) received assent last week with the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RBA). The Acts are part of NSW’s response to the flaws in the compliance and enforcement systems in the building industry and the public outcry that has followed the […]

legal advice developers residnetial apartment buildings act 2020

Developers and the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020

Developers The objective of the RBA is to protect consumers by preventing a developer from carrying out construction work that may result in building defects in residential apartments. The RBA, like the Design Act, has a potentially broad application because the definition of ‘developer’ has been generously drafted.  Section 4 says a developer, in relation […]

s106 damages strata

Pullicin and the jurisdictional maze of s106 (5) claims

In The Owners—Strata Plan No 74835 v Pullicin and The Owners—Strata Plan No 80412 v Vickery [2020] NSWCATAP 5 the Appeal Panel, constituted by the President, Deputy President and a Principal Member, settled the vexed question of whether the Tribunal had jurisdiction to consider a lot owner’s claim for s106 (5) SSMA damages. Section 106 (5) damages can […]

building non compliance appeals

Security of Payment update: Court of Appeal clarifies controversy of the Supporting Statement

In TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 93 the Court of Appeal has confirmed that a non-compliant supporting statement by a head contractor will not invalidate a payment claim or render ineffective service of a payment claim under the Building and Construction Security of Payment Act 1999 (SoPA). This 14 May […]

major minor defects home building act

Home Building Act 1989—Major or Minor Defects

The Appeal Panel’s decision in Ashton v Stevenson (discussed in issue 7, August 2019) has been subject to appeal. At first instance, the Senior Member classified defects to the external balcony and cladding as major defects. The Appeal Panel disagreed and held that those defects were ’minor’. One effect of this decision was that those […]

home owner cancels contract on builder

Contract is King—High Court restricts availability of quantum meruit

In Mann v Paterson Constructions Pty Ltd [2019] HCA 32 the High Court clarified the availability of the restitutionary remedy of ’quantum meruit’ to a builder in the specific circumstances where the builder terminates the contract following repudiatory behaviour of a homeowner. A literal translation of ‘quantum meruit’ is ’the amount he deserves’. It can […]

statutory warranties combustible cladding

Statutory warranties and combustible cladding

The Owners SP 92888 v Taylor Construction Group and Frasers Putney [2019] NSWCAT is NSW’s first foray into the combustible cladding arena but is analogous to VIC’s ‘absolute test for fitness for purpose’ decision arising from the Lacrosse fires (Owners Corporation No.1 of PS613436T v LU Simon Builders Pty Ltd (Building and Property) [2019] VCAT […]

neighbour dispute over fences

Neighbour Dispute Over Fences

  Dividing Fences—the great neighbourly divide The ‘dividing fence’ is often a hot topic for neighbours.  Help, however, is at hand in the form of the Dividing Fences Act 1992 (NSW) (Act). The Act empowers both NCAT and the Local Court to resolve disputes about dividing fences.  NCAT has an unlimited jurisdiction for these matters, […]