Articles

Variation claims – how to effectively claim

2018-09-10T16:56:48+00:00 September 10th, 2018|Construction Contracts, Construction disputes, Construction Law, Home Building|

Change can appear inevitable, but when it comes to variation claims on a construction project, it can also be costly and confusing for all parties, including contractors, owners and financiers. Morrissey Law + Advisory have prepared an insight into what actually constitutes a variation and the way in which variation claims may be substantiated. What

Unhappy with the strata scheme building report and secretary’s decision?

2018-09-10T10:18:30+00:00 September 7th, 2018|Construction disputes, Construction Law, Strata Defects|

How to review a decision under the Strata Schemes Management Act 2015.   A decision to review a decision under the Strata Schemes Management Act 2015 (NSW) (the Act) may have significant implications to parties involved in the strata scheme. For more information on the scheme, view our article here. A decision under the Act

Design defects in buildings – builder and developer liability

2018-09-10T10:19:09+00:00 September 3rd, 2018|Construction disputes, Dispute Resolution, Strata Defects|

But I built to the plans and specifications! Design defects in buildings.  Developers and builders are now potentially liable for design defects in buildings, that’s the key takeaway from the recent NSW Court of Appeal decision The Owners – Strata Plan No 66375 v King [2018] NSWCA 170. A recent NSW Court of Appeal decision

Major upheavals proposed for NSW security of payment laws

2018-08-29T09:29:12+00:00 August 29th, 2018|Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Home Building, Security of Payment|

The NSW Government has proposed a number of significant changes to the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) through a bill[1] publicly released on 22 August 2018. There are proposed reforms to the SOP Act and also the associated regulations[2]. In this article we have identified 10 key proposed

Developers defect bonds for strata buildings?

2018-09-10T10:19:32+00:00 August 23rd, 2018|Construction Contracts, Construction disputes, Construction Law, Home Building, Strata Defects, Uncategorized|

NSW Government to increase penalties for developers failing to comply with the developer defect bond obligations Developer defect bonds have only been required for 7 months, however, already changes to the law and strengthening their penalties is being discussed. The NSW Government introduced the Strata Schemes Management Amendment (Building Defect Schemes) Bill 2018 (NSW) on

Inspection Reports on Strata Schemes, what you need to know

2018-09-10T10:19:41+00:00 August 15th, 2018|Construction Contracts, Construction disputes, Construction Law, Home Building, Strata Defects|

The recent amendments to the Strata Scheme Management Act 2015 (NSW) (the Act) may have significant impacts to builders, developers and owner corporations. The Act replaced the Strata Scheme Management Act 1996 and applies where a developer and a builder has entered into a contract from 1 January 2018. When does the Act apply? The

Insolvency no escape from security of payment legislation

2018-08-07T12:30:44+00:00 August 7th, 2018|Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Security of Payment|

The New South Wales Supreme Court, in Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq) [2018] NSWSC 412, has confirmed that insolvent claimants can rely on the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) to recover outstanding payments. The decision Ostwald Bros Pty Ltd (Ostwald) was

Security of payment: Why references dates are critical to making a valid claim

2018-08-02T11:23:48+00:00 August 2nd, 2018|Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Security of Payment|

Morrissey Law + Advisory’s series of articles on the security of payment process have previously  touched on payment claims, payment schedules, adjudication application notices and legislative reform[1], this article takes a closer look at the timing of payment claims and the effect reference dates can have on your entitlement to payment. What is a reference

Security of Payment: s17(2) notices and the path toward adjudication

2018-07-31T12:47:57+00:00 July 31st, 2018|Construction Contracts, Construction disputes, Construction Law, Security of Payment|

Morrissey Law + Advisory have previously highlighted the important role the security of payment legislative regime plays in protecting contractors’ rights to progress payments, now we take a more in depth look at adjudication application notices under section 17(2) of the Building and Construction Industry (Security of Payment) Act 1999 (NSW) (Act)[1]. Read our tips

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