Recent changes to Security of Payments Regulations a game changer for NSW Residential Builders’ ability to Resolve Disputes and recover Progress Payments Promptly.

On 1 September 2020 the NSW Government released the Building and Construction Industry Security of Payment Regulation 2020 (“the Regulation”) which, among other things, will drastically change the way residential builders and homeowners resolve disputes about progress payments after 1 March 2021. The Regulation, which otherwise made minor changes in relation to Retention Money Trust … Read more Recent changes to Security of Payments Regulations a game changer for NSW Residential Builders’ ability to Resolve Disputes and recover Progress Payments Promptly.

Apartment Building Completion Notices & Audits

If you build Class 2 buildings you need to be across this. The Residential Apartment Buildings (Compliance and Enforcement) Powers Act 2020 (the Act) Commenced 1 September 2020. The Act requires that a builder or developer of a Class 2 building (apartment building), or a building with a Class 2 part, must provide the Department … Read more Apartment Building Completion Notices & Audits

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 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.

Property Owners given 10 years to Claim for Financial Loss caused by Defects

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 Property Owners given 10 years to Claim for Financial Loss caused by Defects

A builder made promises to me during negotiations that aren’t in the Contract, what can I do?

It is not uncommon for a builder to make representations to a home owner in the course of negotiations for a Residential Building Contract where the subject matter of the representation is something that isn’t expressly covered in the final contract. However, where the home owner relies on a representation made, such that they otherwise … Read more A builder made promises to me during negotiations that aren’t in the Contract, what can I do?

Do all residential building disputes have to be determined by the NSW Civil & Administrative Tribunal (“NCAT”)?

Generally, a builder or home owner may commence proceedings in relation to a residential building dispute in a Court of competent jurisdiction (subject to relevant limitation periods), or in the NSW Civil & Administrative Tribunal (“NCAT”) provided that: The amount claimed does not exceed $500,000.00 (Section 48K(1)), and Proceedings are commenced within three (3) years … Read more Do all residential building disputes have to be determined by the NSW Civil & Administrative Tribunal (“NCAT”)?

When can I claim the costs of getting another builder to finish the job or rectify defects?

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?

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

What should I do if the home owners are disputing a Progress Claim?

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?

When can I suspend work?

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?