Tag Archives: Home Building Act 1989

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 […]

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 […]

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 […]

strata scheme building defects bond

Building defects bond scheme and strata blocks

Changes to the Strata Schemes Management Act 2015. Reforms to the Strata Schemes Management Act 2015 are an attempt to protect buyers of new strata lots from defective building works by facilitating the early identification and rectification of defects, thus leading to an improvement in the standard of construction of NSW residential strata. Will reform fix […]

Inflammable Cladding Update

NSW passes the Building Products (Safety) Act 2017. NSW wasted no time in acting on the Senate’s recent recommendations to ban inflammable cladding as a building product. On 30 November the Building Products (Safety) Act 2017 received assent. The Act aims to prevent the installation of unsafe building products in the future and empowers the […]

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 […]