Building Construction I Baker Love Lawyers Newcastle

Builders and Developers Now Fully Liable for Defective Work — Even if a Subcontractor is at Fault

A major decision by the High Court of Australia has changed the game for developers and builders in NSW. The Court ruled that if there are defects in a building, developers and head contractors cannot shift blame to subcontractors using the proportionate liability defence under the Civil Liability Act 2002 (NSW). Instead, if they’ve taken […]

September 25, 2024
By Kevin Noble
Building & Construction, Litigation & Dispute Resolution
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2024 Security of Payment Law Amendment

The 2024 Security of Payment Law Amendment has introduced pivotal changes to the Building and Construction Industry Security of Payment Act 1999 (NSW) (“SOPA”). One of the critical updates is in Section 8(2), which directly impacts contractors’ entitlements to progress payments. This section delineates the conditions under which a contractor may or may not be […]

Is a Home Building Contract enforceable if it’s unsigned and undated?

The recent Supreme Court case of Dyjecinska v Step-Up Renovations (NSW) Pty Ltd [2024] NSWSC 159 addressed the question as to whether a Home Building Contract is enforceable if it is unsigned and undated. The homeowner (“the Plaintiff”) negotiated a contract with the builder (“the Defendant”) to undertake renovations on her home to the value […]

February 23, 2021
By Liam Tobin
Building & Construction, Property & Conveyancing
No Comments

Demand for HomeBuilder Grant scheme exceeds Government Expectations

The Federal Housing Minister and the Treasury have been in the media in recent weeks discussing the Federal Government’s HomeBuilder scheme, with recent figures showing that the demand for the scheme is nearly double that predicted by the Treasury, anticipated to cost the Government around $2 billion. What is the HomeBuilder Grant? The HomeBuilder scheme […]

July 28, 2020
By Liam Tobin
Building & Construction, Property & Conveyancing
No Comments

The Purchase of Real Estate by Foreign Persons, and the Inadvertent Foreign Person Trust

Under the Australian Government’s foreign investment framework, foreign persons are required to apply for foreign investment approval before purchasing residential real estate in Australia. The Government’s policy is to channel foreign investment into new dwellings. Consistent with this aim, different factors apply depending on whether the type of property being acquired will increase the housing […]

Tribunal Finds Biowood Cladding is Combustible and a Major Defect

On 15 November 2019 the Civil and Administrative Tribunal New South Wales handed down its decision in The Owners Strata Plan No 92888 v Taylor Construction Group Pty Ltd and Frasers Putney Pty Ltd [2019]. This decision is the first of its kind and sure to send shockwaves through the construction industry in the wake […]

Building and construction industry reforms update

I previously wrote an article about the duty of care owed by a principal certifying authority to prospective purchasers in the wake of media attention surrounding private certifiers (view article) and the likelihood of reform. Given the recent tragic events with the Mascot Towers it might be an opportune time to revisit this issue, and […]

Mine subsidence certificates to be discontinued on 30 September 2019

On 30 September 2019 Subsidence Advisory NSW (formerly the Mine Subsidence Board) is discontinuing issuing certificates of compliance for properties under Section 15 of the former Mine Subsidence Compensation Act 1961 (“the 1961 Act”). Currently what’s known as a 15B Certificate confirms that a property complies with Subsidence Advisory NSW’s requirements under the 1961 Act […]

Private certifiers and duty of care

Do certifiers owe a duty of care to prospective purchasers when issuing an occupation certificate? There has been quite a lot of media attention recently around the role of private certifiers appointed and paid by developers to certify their residential developments. Depending on the outcome of the upcoming State election, there may well be some […]

Jurisdiction clause in terms of trade

A recent decision of the Supreme Court of NSW highlights the difficulty that can be encountered when contracts are signed with suppliers of products or services and those suppliers are located outside of your state or territory. In the proceedings in question of the four parties to the proceedings, three were Australian entities and carried […]

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Building & Construction

Builders and Developers Now Fully Liable for Defective Work — Even if a Subcontractor is at Fault

2024 Security of Payment Law Amendment

Is a Home Building Contract enforceable if it’s unsigned and undated?

Demand for HomeBuilder Grant scheme exceeds Government Expectations

The Purchase of Real Estate by Foreign Persons, and the Inadvertent Foreign Person Trust

Tribunal Finds Biowood Cladding is Combustible and a Major Defect

Building and construction industry reforms update

Mine subsidence certificates to be discontinued on 30 September 2019

Private certifiers and duty of care

Jurisdiction clause in terms of trade

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