The Design and Building Practitioners Act 2020 (NSW) (Design Act) received assent last week with the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RBA). The Acts are part of NSW’s response to the flaws in the compliance and enforcement systems in the building industry and the public outcry that has followed the […]
In The Owners—Strata Plan No 74835 v Pullicin and The Owners—Strata Plan No 80412 v Vickery [2020] NSWCATAP 5 the Appeal Panel, constituted by the President, Deputy President and a Principal Member, settled the vexed question of whether the Tribunal had jurisdiction to consider a lot owner’s claim for s106 (5) SSMA damages. Section 106 (5) damages can […]
In TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 93 the Court of Appeal has confirmed that a non-compliant supporting statement by a head contractor will not invalidate a payment claim or render ineffective service of a payment claim under the Building and Construction Security of Payment Act 1999 (SoPA). This 14 May […]
In the recent cases of The Owners – Strata Plan No 58068 v Cooper [2020] NSWCATAP 96 and The Owners – Strata Plan 55773 v Roden; Spiers v The Owners – Strata Plan 77953 [2020] NSWCATAP 95 the Appeal Panel found that by-laws prohibiting the keeping of pets were valid and enforceable by an Owners […]
In Mann v Paterson Constructions Pty Ltd [2019] HCA 32 the High Court clarified the availability of the restitutionary remedy of ’quantum meruit’ to a builder in the specific circumstances where the builder terminates the contract following repudiatory behaviour of a homeowner. A literal translation of ‘quantum meruit’ is ’the amount he deserves’. It can […]
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 […]
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. […]
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 […]
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 […]
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 […]
