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 […]
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 […]
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 […]
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 […]
In the recent cases of The Owners – Strata Plan No 58068 v Cooper [2020] NSWCATAP 96 and The Owners – Strata Plan 55773 v Roden; Spiers v The Owners – Strata Plan 77953 [2020] NSWCATAP 95 the Appeal Panel found that by-laws prohibiting the keeping of pets were valid and enforceable by an Owners […]
The Building and Construction Security of Payment Amendment Act 2018 is now in force and the most recent round of amendments are effective from 21 October 2019. Notable amendments include the reintroduction of the statement that claims are made under the Act to all progress claims, whether the work is residential or commercial. The notation: […]
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 […]
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 […]
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 […]
Manly long leaseholders stranded high and dry as Court of Appeal dismisses Spring Cove appeal In the Owners—Strata Plan No 91322 v Trustees of the Roman Catholic Church for the Archdiocese of Sydney [2019] NSWCA 89 the Court of Appeal gave short shift to the question of whether an owners corporation, holding a 99 year […]
