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
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
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
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
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
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
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
The Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) and the Home Building Act 1999 (NSW) (HBA) both play a critical role in underpinning the design, construction and safety of buildings in NSW. Being aware of which Act applies to you and the time period in which you can claim for loss and damages
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
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