Construction and building defect claims in NSW — the statutory duty of care under the Design and Building Practitioners Act 2020, Home Building Act warranties, and the Building Commissioner’s enforcement powers.
Section 37 of the Design and Building Practitioners Act 2020 (NSW) imposes a statutory duty of care on any person carrying out “construction work” to avoid economic loss caused by
In Denmeade v Travers [2023] NSWCATCD 3, Senior Member G K Burton SC considered whether a homeowner should receive a work order or a money order for defective and incomplete
In The University of Sydney v Multiplex Constructions Pty Ltd [2023] NSWSC 383, Justice Stevenson emphasised the importance of pleading with precision, particularly in relation to the statutory duty of
The Building Legislation Amendment (Building Classes) Regulation 2023, published on 24 February 2023, introduced changes affecting builders, developers, owners corporations and others involved in construction. This article highlights the key
Uncertainty about whether the Design and Building Practitioners Act 2020 (NSW) applies to emergency rectification work prompted NSW Fair Trading to issue guidance on building practitioner obligations for emergency remedial
In The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWSC 116, Justice Rees confirmed that a defendant in breach of the non-delegable statutory duty of care
In The Owners – Strata Plan 86807 v Crown Group Constructions Pty Ltd [2023] NSWSC 44, Justice Ball considered an owners corporation’s application to amend its claim against the builder
In Roberts v Goodwin Street Developments Pty Ltd [2023] NSWCA 5, the NSW Court of Appeal confirmed that the statutory duty of care under section 37 of the Design and
In James v Jandson Pty Ltd [2022] NSWSC 1686, the Supreme Court dismissed a homeowner’s attempt to appeal out of time for breach of statutory warranties under the Home Building
In The Owners – Strata Plan No 90018 v Parkview Constructions Pty Ltd [2022] NSWSC 1123, Justice Stevenson confirmed that an owners corporation may add new defects to an existing
In Boulus Constructions Pty Ltd v Warrumbungle Shire Council [2022] NSWSC 1368, Justice Stevenson confirmed that directors of building companies and site supervisors owe a statutory duty of care under
As part of reforms to restore confidence and improve compliance and enforcement in the NSW building and construction industry, the Government introduced the Design and Building Practitioners Act 2020 (NSW)
As part of the Construct NSW strategy, the Office of the Building Commissioner released the Independent Construction Industry Ratings Tool (iCIRT), a voluntary five-star rating system created by global rating
Uncertainty existed over whether the statutory duty of care under the Design and Building Practitioners Act 2020 (NSW) applied only to ‘class 2’ buildings such as residential flat buildings and
In The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2022] NSWSC 659, Justice Stevenson clarified that the statutory duty of care under section 37 of the Design
Under section 9 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW), the Building Commissioner may prohibit the issue of an occupation certificate or registration of a
In The Owners – Strata Plan No 87060 v Loulach Developments Pty Ltd (No 2) [2021] NSWSC 1068, the NSW Supreme Court delivered an early decision on the Design and
The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) commenced on 1 September 2020, containing provisions aimed at preventing developers from carrying out construction that may result in
The Design and Building Practitioners Act 2020 (NSW) was introduced in response to concerns about building defects in NSW, commencing on 11 June 2020 with further provisions from 1 July
The Design and Building Practitioners Act 2020 (NSW) was introduced in response to concerns about building defects in NSW, commencing on 11 June 2020 with further provisions from 1 July
Builders and developers defending NCAT claims for defective building work often prefer, if found liable, to rectify the work under their own control rather than pay damages based on the
Suite 905, Level 9, The Trust Building, 155 King St, Sydney NSW 2000
Project Lawyers are a specialist Sydney-based law firm providing first-class legal services to corporate & private clients in connection with the procurement of residential, retail, commercial and industrial projects.