Tag Archives: residential building disputes

northern beaches granny flat approvals

Affordable housing and the rise of the granny flat

The Sydney affordable housing crisis. “Urban release”, “urban renewal” and “affordable housing” are popular buzz words encompassing a range of policies. These policies are designed to accommodate a growing population in affordable housing near infrastructure and are an attempt to free up existing housing stock. Whilst initially slow in coming to the Northern Beaches, 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 […]

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 […]