Entries by bradburylegal

Security of Payment – More Changes

On 21 November 2018, the NSW government passed the Building and Construction Industry Security of Payment Amendment Act 2018. This will make changes to the security of payment regime, and will take effect when the government announces so in the NSW Government Gazette. So what are the main changes that builders and developers need to […]

Dealing with variations in building contracts

Variations to the scope of works, or variations to the services to be provided, under a construction project are common in the building industry. A variation may be requested by either party or arise out of necessity, for example, due to changes required in legislation or because of a latent condition. When negotiating a variation, […]

The cost of poorly-drafted building contracts

The importance of having in place a written contract is widely accepted in the construction (or any) industry. But are you putting in the time necessary to understand and document your negotiations, so that your rights are properly secured by your building contracts? An unresolved contractual dispute depletes time and resources and has potential to […]

Challenging Adjudication Determinations – some recent guidance

Parties to a commercial building dispute may utilise Security of Payment (SOP) legislation in their jurisdiction to resolve payment claims and recover money owing under a construction contract. Disputes are resolved quickly by an adjudicator and any amount determined as owing must be paid within the statutory timeframe. The determination is enforceable but without prejudice […]

Implied conditions & warranties for home building contracts

Following changes to the Home Building Act 1989 (NSW) in early 2015, the statutory insurance scheme that was established to provide compensation for certain defined losses if a builder dies, becomes insolvent, disappears during a build or fails to comply with a money order from a Court or Tribunal was re-named and is now referred to as […]

Early release of retention money

Most construction contracts allow for a principal or head contractor to require the other contractor or subcontractor to provide a form of security. The purpose is to protect the principal or head contractor from loss should the other party breach the contact or fail to perform its obligations. The simplest form of security constitutes the […]

When adjudication certificates meet statutory demands

Parties to a payment dispute in the commercial building industry may utilise the Building and Construction Industry Security of Payment Act 1999 (NSW) (the ‘SOPA’) to resolve the matter. The Act provides an efficient means of recovering money owed for construction work by invoking a statutory right for a contractor to receive progress payments under a contract. […]

The Building Code of Australia – compliance issues

The Building Code of Australia (‘BCA’) contains a series of technical provisions that dictate a range of minimum acceptable standards in respect of the design and construction of buildings and various other structures. It is produced and updated by the Australian Building Codes Board on behalf of the Commonwealth Government and all State and Territory […]

Building Defects – Damage to Balconies

Due to the widespread construction of high density apartments and townhouses there has also been an increase in the construction of balconies. Balconies are susceptible to water damage which can lead to damage to the internal elements of the building. The defective construction of balconies has become an increasingly common dispute affecting owners’ corporations. In […]