Articles

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

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

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

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

The Building Defect Bonds– a user guide

2018-09-10T10:20:34+00:00 January 18th, 2018|Construction disputes, Construction Law, Strata Defects|

I in a major shake-up to the construction industry, building defects bonds are now required for many multi storey residential developments. Builders, developers and owners corporations need to understand the significant effect this will have on projects and any contracts entered into after 1 January 2018.[1] What is the Building Defects Bonds scheme? The strata