Residential building contracts under $40,000.00 – What if the time limit for a statutory warranty claim has passed? Consumer guarantees under The Australian Consumer Law may apply.

When a builder carries out residential building work, their work is covered by the statutory warranties which apply under the Home Building Act. The warranties include: that the work will be performed with due care and skill, that the work will be in accordance with any plans and specifications set out in the contract, that … Read more

Temporary Changes to Insolvency Laws: What You Need to Know

Given the impact of COVID-19 on the economy, the casualties will inevitably include businesses as well as individuals. We have all heard of businesses citing COVID-19 as the cause of, or contributing to, their insolvency. On 22 March 2020 the Federal Government announced a number of changes to insolvency laws to provide relief for businesses … Read more

What’s in a Name? The Difference between Business Names and Trade Marks

You are setting up a new business and getting excited about its upcoming launch. Or perhaps you have been in business for a while and want to know more about protecting your business’ reputation and profits. You have registered your chosen Business Name on the Australian Business Register and reserved a domain name for your … Read more

How an Adjudicator is Required to Value Construction Work

A question that commonly arises when we are assisting clients with preparation of an Adjudication Application or Response, is: “How is the Adjudicator going to value the construction works (or related goods and services)?” Knowing how an Adjudicator will value the works is particularly important given the very short timeframes provided for parties to an … Read more

Can the Department of Fair Trading force my builder to perform rectification work?

For a home owner, engaging a builder to carry our residential building work, whether it is for a new home, renovations and extensions or a smaller project, can be a very stressful time. One of the common issues that can arise and cause conflict with you builder occurs when the building works have not been … Read more

June 2017 SOP Amendments – Sending Payment Claims or Payment Schedules by Email or Fax

With the increasing use of emails both for communications and for sending and receiving documents, it is becoming common for businesses to send tax invoices by email.  Perhaps in light of this growing trend, there have been some recent amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) in relation to … Read more

Service of Payment Claims by Email

CAN it be done? SHOULD it be done? With the increasing use of emails for communications, it is becoming commonplace for businesses to send tax invoices to clients via email for payment. If the tax invoice relates to work performed under a construction contract, your business may have rights to prompt payment under the Building … Read more