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
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
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
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
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
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
BIM is becoming increasingly important within the construction and building industry; utilised in mega projects through to smaller commercial builds. (To learn about what BIM is, click here.) BIM is being used worldwide and has become a cornerstone of international construction ambition. The UK leads the field in the implementation of BIM, since 2016 all
The Manns (‘the Owners’) entered into a domestic building contract with Paterson Constructions Ltd Pty (‘the Builder’) for the construction of two double-storey townhouses for the sum of $916,779.00 (including GST). The Builder completed the construction of the first unit approximately four months after the date of practical completion. The owners sought to terminate the
Minister for Better Regulation Matt Kean has vowed to crackdown on ‘cowboy’ certifiers following the evacuation of Sydney Olympic Park’s Opal Tower on Christmas Eve. Residents of the 36-storey building were forced to evacuate due to fears of the structural integrity following ‘cracking sounds’ and the collapse of a concrete panel. The building has since