Blog2019-06-15T10:26:14+10:00

Articles

SOP Update: June 2019

June 14th, 2019|Categories: Commercial & Corporate Advisory, Construction Contracts, Construction Law, News, Security of Payment|

Amendments to the Building and Construction Industry (Security of Payment) Act 1999 (NSW) (Act) were passed by both houses of parliament in November 2018.  The NSW Government has finally released its proposed amendments to the Security of Payment regulations for public consultation (Proposed Amendments). In our May SOP update we outlined the 7 key changes

$4M Demolition & Rebuild Costs Awarded for Fire Safety Defects

May 17th, 2019|Categories: Uncategorized|

Those who have been involved in disputes over defective building work will be familiar with the general reluctance of courts and tribunals to award the costs of demolition and rebuilding as damages. A recent decision of the NSW Supreme Court in which Morrissey Law acted for an Owners Corporation, has shown that the Court is

Can a Builder’s failure to provide occupation certificate be a breach of contract?

May 14th, 2019|Categories: Commercial & Corporate Advisory, Construction Contracts, Construction disputes, Construction Law, Home Building|

The recent NSW Supreme Court decision in ACN 057 690 034 (Owner) v Mick Wykrota (Builder) saw the Builder in hot water after they failed to produce an occupation certificate. Background In November 2010, the parties entered into a contract for alterations and additions to the Owner’s residence situated on the Hume Highway in Lansvale

SOP Update: 7 Key Changes

May 13th, 2019|Categories: Commercial & Corporate Advisory, Construction Contracts, Construction disputes, Construction Law, Security of Payment|

Amendments to the Building and Construction Industry Security of Payment Act 2018 (NSW) (‘the Act’) passed! So what will change? What’s happened? On 21 November 2018, the NSW Government passed the Building and Construction Industry Security of Payment Amendment Bill 2018 (‘the Amendment Act’). The SOP Act ensures that contractors, subcontractors or any other persons

Law of Agency

May 8th, 2019|Categories: Commercial & Corporate Advisory, Construction Contracts, Construction Law, General Counsel Services, Home Building|

Agency is a complex area of law that can affect parties across contracts and industries – from major construction projects with superintendents through to manufacturing and distribution. A broad definition of agency is when one party (the principal) grants another party (the agent) authority to act on behalf of the principal to deal with a

Who is liable for breach of contract – Principal or Agent?

May 8th, 2019|Categories: Construction Contracts, Construction disputes, Construction Law, Home Building, Uncategorized|

In the recent NSW Supreme Court (the ‘Court’) case Cincotta v Russo [2019] NSWSC 272 the question of agency when executing contracts was back in the spotlight. What happened In January 2014, Mr and Mrs Cincotta (Owners) engaged Mr Russo (Russo) for $610,000 of additions and alterations to their property in Concord West (Property). The

Load More Posts

Categories