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security payment legislation contract terminated

Security of Payment Legislation

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: […]

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 […]