Construction and Engineering
Sometimes a work order is just not enough…
On 6 February 2023, Senior Member G K Burton SC (SM Burton) delivered the decision of Denmeade v Travers [2023] NSWCATCD 3. The applicant, Melanie Denmeade (Owner), sought a money order against the respondent, Philip Travers (Builder), pursuant to the Home Building...
Insolvent? You can still serve a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW)
On 17 February 2023, Ball J delivered the decision of Kennedy Civil Contracting Pty Ltd (Administrators Appointed) v Richard Crookes Construction Pty Ltd; In the matter of Kennedy Civil Contracting Pty Ltd [2023] NSWSC 99. His Honour held that companies facing...
Pleading with precision under the Design and Building Practitioners Act 2020 (NSW)
On 18 April 2023, Justice Stevenson delivered the decision in the matter of The University of Sydney v Multiplex Constructions Pty Ltd [2023] NSWSC 383. His Honour highlights the importance of pleading with a degree of precision, namely in relation to the statutory...
New regulations surrounding the Design and Building Practitioners Act 2020 implemented in NSW
The Building Legislation Amendment (Building Classes) Regulation 2023 (Regulation) was published by the NSW Government on 24 February 2023 and brought with it a raft of changes that are expected to affect builders, developers, owners corporations and more generally,...
Emergency remedial building work permitted under the Design and Building Practitioners Act 2020
There has been uncertainty regarding the applicability of the Design Act to emergency rectification work. This uncertainty has paved the path for NSW Fair Trading to issue a guideline explaining the obligations for emergency remedial building work under the Design and...
Are you a concurrent wrongdoer? Proportionate liability applies to claims under the Design and Building Practitioners Act 2020
On 23 February 2023, the NSW Supreme Court handed down its decision in The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWSC 116. Justice Rees confirmed that if a defendant is in breach of the non-delegable statutory duty of care under section 37 of the...
NSW Court of Appeal confirms statutory duty of care under the Design and Building Practitioners Act 2020 (NSW) applies to all buildings
On 10 February 2023, the NSW Court of Appeal, consisting of Ward P, Kirk JA and Griffiths AJA, delivered the decision of Roberts v Goodwin Street Developments Pty Ltd [2023] NSWCA 5 (Roberts v Goodwin), confirming the earlier Supreme Court decision that the statutory...
Court Rejects New Contract Entered into Relating to Defect Rectification Works
Court Rejects New Contract Entered into Relating to Defect Rectification Works In the recent judgment of James v Jandson Pty Ltd [2022] NSWSC 1686, the Supreme Court dismissed an appeal by a homeowner seeking to appeal out of time for breach of statutory watrrranties...
Project Lawyers successfully obtains approval for development consent to construct a childcare centre
In a recent decision, Artmade Architectural Pty Ltd v The Hills Shire Council [2022] NSWLEC 1712, we acted for the applicant, Artmade Architectural Pty Ltd, who commenced an appeal under s 8.7(1) of the Environmental Planning and Assessment Act 1979 against the...
The duty to mitigate and the duty to repair and maintain common property
On 28 November, the Supreme Court of NSW delivered its judgment in Smith v Owners – Strata Plan No. 3004 [2022] NSWSC 1599. The judgment related to the application of sections 106(1) and 106(5) of the Strata Schemes Management Act 2015 (NSW) (SSM Act), and whether the...
