defective building works claim

Misleading and Deceptive conduct and Home Warranty Insurance

Extension of misleading and deceptive conduct claims may benefit home-owners. This decision can be contrasted with the 2009 judgment of His Honour Justice Hammerschlag in Janet Campbell v C.J. Cordony & Sons Pty Limited [2009] NSWSC 63. In both Elias and Campbell the builder’s directors were held to have misrepresented that the company had obtained home […]

unlicensed builders defective building

Fair Trading issues warning to contractors

A warning to unlicensed contractors and uninsured builders. I often come across unlicensed and uninsured ‘contractors’ despite the fact that the risks of contracting without either licence or insurance can be significant. A builder who contracts to carry out residential building work over $20,000 without insurance may encounter difficulties in obtaining payment. Moreover, financial penalties can […]

building occupation certificate problems

Court of Appeal revisits negligence against certifiers in relation to defective building works

Building Occupation Certificate problems. The point of certification appears unclear after the NSW Court of Appeal’s landmark decision in Ku-ring-gai Council v Chan [2017] NSWCA 226. What is clear is that a certifier, including a   council, does not owe a duty of care to  subsequent purchasers of property in relation to the manner in which it […]

common property maintenance obligations s106

Common property and maintenance obligations – have the floodgates opened on S106 (5) claims?

Strata common property maintenance obligations s106. It’s been a big month for strata, with two Court of Appeal decisions extending potential claims available to lot owners. On 30 August 2017, in Shum v the Owners Corporation SP30621 [2017] NSWCATCD 68 Member Grew awarded a lot owner damages for breach of the OC’s duty to maintain and […]

flammable cladding sydney

Senate inquiry calls for ban on flammable cladding

Flammable Cladding Sydney. The widespread use of flammable cladding on high rises has been making headlines in  Australia and indeed was subject to a recent investigation on the ABC’s Four Corners. The use of this potentially life threatening building material has now been scrutinised by a Senate Committee which released its findings on 6 September. ACP or Aluminium Composite […]