Since it began operating in June 2020, the duty of care in section 37 of the Design and Building Practitioners Act 2020 (NSW) (Act) has become increasingly popular in claims against almost anyone involved in the design and construction of buildings.
The Supreme Court has expanded the scope of and provided clarity to section 37 of the Design Building Practitioners Act (DBP Act).
While standard form contracts are used in Australia and there is some familiarity with them, they are often significantly amended.
A solid construction contract is essential when undertaking a new project yet getting one right can be tricky.
For some time now there has been speculation as to the ever-looming collapse of the building and construction industry in Australia. At the start of
The case of Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd [2020] NSWCA 223 highlights that third-party professionals in building disputes can found be liable for
The Australian Government provides funding for a variety of building projects throughout Australia. The Code for the Tendering and Performance of Building Work 2016 (the Code) was
The recent fire in Milan caused by combustible cladding reiterates the ongoing dangers of delays in remedying the issues. It has been almost seven (7)
Assisted by James Duff Further to our previous article entitled The NSW Design and Building Practitioners Act 2020 – Reforms for the Construction Industry and Building
The recent decision of the Supreme Court of NSW in MGW Engineering Pty Ltd t/a Forefront Services v CMOC Mining Pty Ltd [2021] NSWSC 514
This morning, the NSW Government made further announcements confirming construction works to resume in some capacity in Greater Sydney from Saturday, 31 July 2021. What
The recent decisions of the Appeal Panel in the NSW Civil and Administrative Tribunal emphasises the consequences of invalidly terminating the home building contract. If
In a recent decision of C & V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd [2020] NSWCA 103, the New South Wales
Before looking at the Bandelle decision, s 6.20 of the EPA Act provides a ‘long-stop’ limitation period of 10 years for any loss arising from defective building works, irrespective of when defects become apparent
The new Building and Construction Industry Security of Payment Regulation 2020 (New Regulation) commenced on 1 September 2020 (except for Schedule 2 which will commence
The NSW District Court has recently fined $900,000 to Ganellan, a Sydney based builder, in relation to a scaffolding collapse at a construction site which
On 2 December 2020, the NSW Court of Appeal delivered a judgment in the matter of Roude v Helwani [2020] NSWCA 310. This was an appeal from
The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (the Act) is the NSW Government’s latest tool in its arsenal to deal with
A recent decision of the Supreme Court of New South Wales has examined the circumstances where a clause within a contract requiring a “draft payment
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