contactors debt act 1997

Insolvent Builders & the Contractors Debts Act 1997

The Contractors Debts Act 1997 is often overlooked but, used correctly, can assist unpaid subcontractors, typically tradesmen, suppliers or labourers, when they are owed money by a builder. In these circumstances, the CDA entitles a subcontractor to leapfrog over the builder and obtain payment directly from the principal (or home-owner) who engaged the defaulting contractor. […]

trader check builders licence

Trader Check – check a builder or tradesperson’s licence

Trader check, your one-stop-shop for information about trades. Trader Check is one part of the Government’s better business reforms and aims to provide consumers with a free, online ‘one-stop-shop’ of information about traders.  The Better Business Reforms are scheduled to be introduced into the NSW parliament this month. Currently, consumers search multiple websites to identify […]

sydney construction lawyers

District Court jurisdiction in doubt

It has long been thought that the jurisdiction of the District Court extended to matters arising out of commercial transactions. A number of recent cases have thrown this view into doubt, raising practical, legal and logistic concerns. The jurisdiction of the District Court is limited by value and subject matter.  The general grant of power […]

developer problems

Court of Appeal holds developers and builders liable for building defects

In the Owners—Strata Plan No 66375 v King [2018] NSWCA 170, the Court of Appeal considered a number of issues including the vexed question of liability for design defects. In allowing the Owners Corporation’s appeal against developers, the Court determined that both developers and builders will be liable for design defects in buildings where the relevant […]

home building insurance sydney

Statutory warranty claims on contracts made prior to 1st February 2012

Appeal Panel rules on controversy over statutory warranty limitation periods In Gregorio v Cheale [2018] NSWCATAP 118 the Appeal Panel revisited the issue of whether a seven year limitation period applied to statutory warranty claims where the contract was made before 1 February 2012 and confirmed that it does. The appeal concerned a defective works […]

property disputes australia

Disputes between residents living in different States

High Court restricts NCAT’s powers – Burns v Corbett In Burns v Corbett [2018] HCA 15 the High Court unanimously held that NCAT does not have jurisdiction to hear matters between residents of different states, otherwise known as ‘diversity jurisdiction’ (see section 75 (iv) of the Constitution. In upholding the Court of Appeal decision the […]

sydney lawyer defective building work

The Preferred Outcome Principle for defective building work

THE PREFERRED OUTCOME PRINCIPLE Section 49MA Home Building Act 1989 Section 48MA of the Home Building Act 1989 says that rectification of defective residential work by the original builder is the ‘preferred outcome’ of the proceedings. In Clements v Murphy [2018] NSWCATAP 152 NCAT’s Appeal Panel considered whether this principle extended to incomplete work as […]

statutory building insurance nsw

Penalties for builder who failed to obtain statutory building insurance

HOME DETENTION FOR BUILDER Another contractor is cooling his heels after being found guilty of failing to obtain the mandatory cover under the Home Compensation Fund Insurance Scheme. Not only did the contractor fail to obtain the insurance in breach of the Home Building Act 1989 but he went further and represented to the homeowners […]

strata by laws airbnb rentals

Changes to Strata by-laws regarding short term rentals (Airbnb)

  GREEN LIGHT TO SHORT TERM LETS In June 2018, after almost three years of consultation, the NSW Government released its proposals for the regulation of the short term letting industry, an industry that delivers an estimated $31 billion per year to the economy but significant distress and disruption to strata residents by so called […]

tool to check builders insurance online

New tool – check builders’ and tradies’ insurance online

HSC check – is your building contractor insured? Whether your builder or contractor takes out a Home Building Compensation policy can be critical. Therefore Fair Trading’s recent launch of a brand new online search facility called “HBC Check” is very welcome to home-owners and industry participants alike. This tool supplements the existing suite of consumer […]