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Potential upheaval of security of payment laws in NSW: 6 key changes proposed

2018-11-07T11:51:22+00:00 November 7th, 2018|Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Home Building, Security of Payment|

Is it back to the future or a brave new world with the latest changes to the security of payment regime in NSW? What’s happened? Earlier this year, NSW Fair Trading released a consultation paper on proposed draft changes to the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) open for

NSW government expands combustible cladding ban

2018-10-29T14:32:53+00:00 October 29th, 2018|Construction disputes, Construction Law, Dispute Resolution, Home Building, Strata Defects|

The NSW Government’s latest response to the numerous combustible cladding tragedies both overseas and in Australia came into effect on 22 October 2018.  The impact of these regulations is as follows: Aluminium composite panel ban Prior to the 22 October regulations coming into effect, the NSW Government took steps to limit the use of combustible

What do you do when your contract price has been undervalued in the strata building bond and inspections scheme?

2018-10-24T10:22:23+00:00 October 24th, 2018|Construction Contracts, Construction Law, Home Building, Strata Defects|

Under the building bond and inspection scheme (the Scheme) developers will need to lodge a building bond that is 2% of the contract price. The developer will need to lodge the bond to the Department of Finance, Services and Innovation (the Secretary). Unfortunately, this has created an incentive for developers to undervalue the contract price

That wasn’t what I expected: Managing latent conditions for contractors

2018-10-04T10:24:11+00:00 October 4th, 2018|Construction Contracts, Construction disputes, Construction Law, Home Building, Security of Payment|

What are latent conditions? Latent conditions in a construction project refer to those conditions which cannot be identified prior to entering into a contract.  Usually this means the conditions that cannot be identified by review of the relevant project documentation, in other testing or investigations, or during a routine inspection prior to undertaking works. Latent

Franchising in construction: Is it worth it?

2018-09-18T12:25:38+00:00 September 18th, 2018|Commercial & Corporate Advisory, Construction Law, Home Building|

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

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

Strata building defects? How to gain access if denied

2018-09-10T10:19:20+00:00 August 31st, 2018|Construction Law, Dispute Resolution, Home Building, Strata Defects|

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

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

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