Tag Archives: defective building work

defective home building works sydney

Defective Home Building Work Sydney

Defective work—Appeal Panel considers the scope of ‘major’ defect The Home Building Act In Ashton v Stevenson; Stevenson v Ashton [2019] NSWCATAP 67 NCAT’s Appeal Panel considered the vexed question of what is a ‘major’ defect under the Home Building Act 1989 (Act). The concept of ‘major’ defect was introduced by the Home Building Amendment […]

defective building works sydney

Accountability for defective building works in Sydney

This week’s Four Corners report leaves no doubt that the legacy of Australia’s 20 years of building boom is a high rise residential sector in crisis.  Strata schemes and lot owners are grappling not only with the inflammable cladding debacle but with widespread and systemic building defects, often to the structure of buildings or to […]

combustible cladding fire safety regulations

Combustible cladding update

External cladding fire safety regulations. In November 2017, the NSW Government legislated to ‘ban’ ACP with retrospective effect by the introduction of the Building Products (Safety) Act 2017. In August 2018 the Commissioner issued a Building Product Use Ban (the Ban) for external cladding with a core comprising more than 30% polyethylene. The Ban is […]

limitation periods for defective work

Appeal Panel revisits limitation periods for defective building work

Defective building work and the Home Building Act 1989 (HBA). In Hutchings v Hope [2019] NSWCATAP 59, the Appeal Panel clarified whether the two-year limitation period found in section 18E of the Home Building Act 1989 (HBA) altered the six-year limitation period for breach of contract found in section 14 (1) of the Limitation Act […]

security of payment legislation

Reform to Security of Payment Legislation

Federal Government to review Security of Payment laws.  Last year the Federal Government commissioned a review of its nationwide Security of Payment laws.  The resulting “Murray Report’ made 86 recommendations including the adoption of a national framework and the extension of the laws to residential building work. Currently, it is only subcontractors working for a […]

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. […]

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 […]