Related Reading: Building and Construction Law
Building Adjudication Appeals
This article provides an overview of adjudication determinations under the Building and Construction Industry Security of Payment Act 1999 (NSW) and ...more
The Risks of Concrete Slabs and Damage to Home Buildings
This article discusses a landmark 2022 Building and Construction judgement which highlights the risks of concrete slabs and damage to home buildings. ...more
Is There a Best Home Building Contract?
This article outlines common residential building contracts, including the advantage and disadvantages of each. We consider the question, ‘Is ...more
Water Ingress in Residential Properties
This article explores the prevailing problem of water ingress in residential properties, particularly in newly constructed properties and the law in ...more
Building Contracts: Review and Drafting
A building contract is a contract which relates to a building or construction project. A building contract will typically contain provisions relating ...more
Home Builders Insurance
This article provides an overview of the insurance requirements for home builders. These requirements are set out in the Home Building Act 1989 (NSW) ...more
Building and Construction Law : A Guide
This article provides an overview of the key legal principles of building and construction law, including state legislation and regulations that ...more
Major vs Minor Home Building Defects in NSW
This article provides an overview of the concepts of major defects and major elements of a residential building and the requirements for establishing ...more
Home Building Contract Variations & Payment Disputes NSW
This article provides an overview of the concept of variations of a Home Building Contract, the requirements of variations and what constitutes out of...more
Construction Delays and Extension of time : Legal Implications
The three main aims of any construction project and the contract are to complete the building project on time, within budget and to a set quality. ...more
Warranties Provided by The Home Building Act
The Home Building Act 1989 (NSW) (referred to in this article is HBA) is a comprehensive piece of legislation that sets out, among other things, the ...more
Duty of Care in Construction Law
The Design and Building Practitioners Act s37 2020 (NSW) legislates duty of care in construction law. Put simply, there is a duty of care which ...more
Quantum Meruit Claims in NSW Construction Disputes
This article briefly examines the concept of quantum meruit in construction law. We discuss the landmark case of Pavey and Matthews Pty Ltd v Paul ...more
The Design and Building Practitioners Act : A quick guide
The Design and Building Practitioners Act 2020 (NSW) (“Act”) was enacted in response to several major construction project failures, particularly ...more
NCAT & Home Building Disputes
This article outlines the scope and role of the New South Wales Civil and Administrative Tribunal (NCAT) Sydney with an emphasis on how it relates to ...more
Home Building and Construction Disputes
Home building and construction disputes are unfortunately common. They can include disputes involving building defects or the terms of a building ...more
Building Legislation Amendment Act 2023 : Key Changes Explained
The NSW Government is in the process of overhauling the construction industry through new building law reforms. The Building Legislation Amendment Act...more
NSW Building Bill 2024 : New Licensing & Compliance Requirements
This article provides an overview of the potential future reforms proposed under the current draft of the Building Bill 2024 (NSW) (Bill), which is ...more
Building Products (Safety) Act 2023 : Product Standards & Enforcement
The Building Products (Safety) Act 2017 (NSW) (“Act”) was one of the Acts amended by the Building Legislation Amendment Bill 2023. Schedule 2 of ...more
Liquidated Damages in Construction
This article discusses liquidated damages in construction law in contrast to unliquidated damages. We look at how they are applied in practice and the...more
Security of Payments Act
This article provides an overview of the recovery process for payment claims, focusing particularly on the adjudication process for these claims, ...more
Home Building Act : Legal precedent set by Brander Smith McKnight
The building and construction lawyers at Brander Smith McKnight Sydney Lawyers recently created a legal precedent with regard to the interpretation ...more
Builder’s Personal Liability & Duty of Care for Defects NSW
This article examines builders personal liability for defects incurred in the construction process. We discuss the extent that practitioners in the ...more
Role of NSW Building Commission
This article examines the role of the newly formed Building Commission NSW. The Commission is a new regulator within the building and construction ...more
Builder in Liquidation : What should I do?
This article discusses what you should do if your builder is in liquidation. The financial viability of the construction industry fluctuates due to a ...more
Easement application process : Section 88k explained
Section 88K of the Conveyancing Act 1919 (NSW) is designed to provide a structured process for property developers, builders or owners to apply to the...more
Easements and Access to Adjoining Land
This brief article discusses easements and land access to adjoining land. The law provides a legal mechanism to obtain access to a neighbours’ ...more
Understanding Different Types of Construction Contracts
Construction projects involve a lot of complexities, and to ensure successful completion, it is essential to have a contract in place that outlines ...more
Development Applications in NSW
A development may require special approval to be commenced. This approval is referred to as development consent which can be obtained by making a ...more
