A Builder’s Liability Under the Design and Building Practitioners Act 2020. Introduction On 10 June 2020 the Design and Building Practitioners Act 2020 (NSW) (“DBPA”) took effect. The Act contains a number of key changes, including the primary focus of this article which is the effect of the new duty of care on builders. The … Read more A Second Bite at the Defect Cherry
Long before I was a Construction Lawyer, I was a Construction Manager for one of Australia’s top tier building contractors. In this article I have set out some simple and practical tips for effective contract management based on my experience in both construction and law. This article will be particularly relevant for growing contracting businesses … Read more Mid Tier Construction Contracting Essentials: How to make it and not go broke.
Almost always, a builder must be a given a reasonable opportunity to complete their own work or to rectify any defects within their works, before any further steps can be taken by an owner to have the work done by others. Most standard form building contracts used within the building industry contain specific steps which … Read more When can I claim the costs of getting another builder to finish the job or rectify defects?
As a residential builder, obtaining payment from home owners can sometimes be a source of concern. Of, course, prompt payments can be assisted by issuing Progress Claims when you are entitled to do so and having good communication withe home owners and processes in place to ensure Progress Claims are paid on time. Needless to … Read more What should I do if the home owners are disputing a Progress Claim?
If you are a builder carrying out residential building work, there may be situations when you would like to suspend the building works. Commonly this occurs when a home owner fails or refuses to pay a Progress Claim. This can cause problems for a builder who, naturally, may be reluctant to continue carrying our the … Read more When can I suspend work?
Disputes as to the timeliness, quality, value and compliance of works in residential building contracts are all too frequent. Commonly, relatively simple disputes get out of hand quickly as emotions run high and parties seek to “hit the other where it hurts”. Home owners refuse to pay and builders refuse to build. If you’re a … Read more How to resolve disputes about residential building contracts.