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 […]
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 […]
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. 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 […]
