May 22, 2022 | Building and Construction Law
Terminating a building contract enables parties to discontinue their contractual obligations. The terms for termination are dependent on the terms of the contract and the circumstances involved. Therefore it is important that the contract is reviewed by a solicitor prior to enforcement and/or termination. If there has been a substantial breach or repudiation of the... Read More
May 8, 2022 | Building and Construction Law
Construction defects in a strata development can have an overwhelming financial and emotional impact on a unit owner. All industry players are impacted, with the question of blame bouncing between architects, engineers, certifiers, developers and builders. In the meantime, hundreds of unit owners, investors and renters face uncertainty and many occupants are unable to live... Read More
Apr 16, 2022 | Building and Construction Law
It is important to understand exactly what is meant by the term ‘defect’, how a contractual ‘defects liability period’ works in practical terms and also whether there is any right to claim damages for covering the costs of rectifying a defect.
Apr 6, 2022 | Building and Construction Law
When you discover a building defect on your property, your first reaction may be to pursue an action against the builder contracted to complete the work. If your builder goes into liquidation, you become eligible to access the Home Building Compensation Fund (HBCF). However, compensation provided from the HCBF is capped at $340,000. What if... Read More
Mar 28, 2022 | Building and Construction Law
Parties to commercial building disputes may utilise Security of Payment (SOP) legislation in their jurisdiction to resolve payment claims and recover money owed under a construction contract. The relevant legislation for NSW is the Building and Construction Industry Security of Payment Act 1999 (‘the Act’). Disputes are resolved by an adjudicator and any amount determined... Read More
