Residential building is booming in the Hunter and builders are busy. Its increasingly common for homeowners to sign a fixed price contract for the building works but have no actual building work start for 12 to 18 months after the contract is signed. In some cases, shortly before building works are due to start, the […]
The demise of Huxley Homes has produced a steady stream of home warranty insurance claims. The NSW Civil and Administrative Tribunal (Tribunal) has jurisdiction to consider and determine appeals against decisions by home warranty insurers. A claimant has 45 days from receipt of the decision of the insurer in respect of their claim to lodge […]
The NSW Civil and Administrative Tribunal (NCAT) has recently considered this issue in the case of Mulhearn v Merit Homes Pty Limited [2015] 19 November 2015. In this case, the Home Owners installed a video surveillance device on a neighbour’s property which was directed at their own house and recorded the activities of the Builder. […]
During 2015, the terms “Structural Defects” and “Non-Structural Defects” were removed from the statutory warranty provisions of the Home Building Act 1989. These terms were replaced by “Major Defects” and “Other Defects”. This change was to more than just the terminology. The definition of Major Defect is more restrictive than the previous “structural defects” which […]
In the current climate, Baker Love Lawyers’ Partner DEAN FRITH believes it is more important than ever to consider the risks surrounding cash retentions and how subcontractors and builders can afford themselves the best opportunity to recover any cash retentions in the circumstances of an insolvency event affecting a property owner or head contractor.
