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
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
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
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
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