new residential apartment buildings act 2020

Building Commissioner Takes Action under New Residential Apartment Buildings Act 2020

“Our sights are set on the small percentage of industry players who aren’t doing the right thing. Whether you are a builder cutting corners, or a certifier passing work that isn’t good enough – expect action from our new team of inspectors” – NSW Building Commissioner David Chandler OAM, 31 August 2020 The Building Commissioner […]

securitypayment act benefits builders

Tide turns towards Builders—Security of Payment Act 1999

On 1 September 2020 the Building and Construction Security of Payment Regulation 2020 (Regulation) commenced, bringing with it a raft of changes to the already heavily amended Building and Construction Security of Payment Act 1999 (SoPA). Of particular relevance to my readers will be the amendment that removes the previous owner-occupier exemption from claims by […]

nominal liquidated damanges clauses

Supreme Court Spotlight— nominal liquidated damages clauses

In Capello v Hammond & Simonds NSW Pty Ltd [2020] NSWSC 1021 His Honour Justice Ball considered the entitlement of a homeowner to general delay damages in circumstances where the contract stipulated liquidated damages of $1 a day. In this case, Ball J held that the clause in dispute, within an industry-standard contract, was void. […]

strata pet ban overturned

Court of Appeal overturns pet ban

On 12 October 2020 in Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250, the Court of Appeal unanimously allowed the Coopers’ appeal, striking down the ban on pets in Darlinghurst’s Horizon building. In applying the tests set out in s139 SSMA and encompassed in the phrase ‘harsh, unconscionable or “oppressive” the […]

neighbours strata law

Strata Law: Neighbours and Nuisance

In The Owners—Strata Plan 85044 v Murrell; Murrell v The Owners—Strata Plan 85044 [2020] NSWSC 20 His Honour Justice Williams was asked to determine 19 issues arising from a dispute between neighbours, including nuisance. Facts The plaintiff Owners Corporation (OC) owned the common property in a four-level four-unit strata scheme at 95 Wentworth Road, Vaucluse […]

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 […]