Many businesses in the construction industry, from project home builders through to subcontractors and manufacturers, look to franchising as an option to expand their business and market footprint. But before making the leap towards franchising a business, it’s important to understand what franchising is and what risks may be associated with that business model. What
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
Strata building defects can quickly sour the relationship between owners and builders. This creates an issue where the builder is attempting to access the building to attend to the rectification of strata building defects that are found in an inspection report. Below we outline how the strata building bond and inspection scheme (the Scheme) under
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 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
Cost plus contracts are a popular form of construction contract across the residential, commercial and civil sectors. However, they should be approached with caution. There is continuing debate on the efficiency of cost plus contracts and their implications, including as to what projects they best fit. We have prepared a brief oversight as to what
The NSW Government’s Construction Leadership Group (CLG) has released a construction-focused action plan, including its 10 point commitment to the construction sector. The plan aims to assist the industry in meeting future demand, reduce costs and down-time through greater efficiency in Government procurement processes and foster collaboration between the public and private sectors. In this
A quick guide and commentary on what happens and how to avoid renewal proceedings in home building disputes in NCAT