Construction and Engineering
Design and Building Practitioners Act 2020
The Design and Building Practitioners Act 2020 (NSW) (“Design Act”) was introduced in response to concerns about building defects within NSW. The Design Act commenced on 11 June 2020, with certain parts of the Design Act commencing on that day (including the statutory...
COVID-19 reforms relating to strata and community schemes – What does this mean for you?
The NSW Government announced further reforms to the Strata Schemes Management Regulation 2016 (NSW) ("Strata Management Regulation") and Community Land Management Regulation 2018 (NSW) ("Community Land Management Regulation"). On 12 May 2021, the Strata Schemes...
Sydney Metro West: Confirmed station locations at Pyrmont and Sydney CBD
The Project On 12 May 2021, the NSW Government confirmed two further additions to the Sydney Metro West project - Pyrmont and Sydney CBD. This announcement now completes the plans for underground metro rail line between Parramatta and the Sydney CBD, which includes...
New Laws Protecting Residential Apartment Buildings from Defects
The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (“the Act”) commenced on 1 September 2020. The Act contains provisions aimed to prevent developers from carrying out construction that may result in building defects, which can lead...
Design and Building Practitioners Act 2020
The Design and Building Practitioners Act 2020 (NSW) (“Design Act”) was introduced in response to concerns about building defects within NSW. The Design Act commenced on 11 June 2020, with certain parts of the Design Act commencing on that day (including the statutory...
New Planning Reforms Create Change of Play for Development and Construction
The development and construction sectors are vital in supporting economic recovery following the COVID-19 crisis, being key drivers of investment and employment in the NSW. Planning reforms seek to boost these sectors. In late 2019, in response to low development...
The Scheduled Demise of Interim Occupation Certificates, Yet Again
Following a number of reprieves (firstly 1 November 2018, then 1 November 2019), interim occupation certificates will now become obsolete on 1 December 2019 by virtue of the commencement of certain amendments to Part 6 of the Environmental Planning and Assessment Act...
Rectification Orders under Section 48MA of the Home Building Act 1989
Builders and developers responding to claims brought against them in the NSW Civil and Administrative Tribunal (NCAT) for alleged defective building work need to ensure that, if they are ultimately found liable or they otherwise admit liability, they be given the...
Limited Role for Statutory Declarations Submitted with Payment Claims under the SOP Act
Construction contracts typically require contractors and subcontractors to submit, as part of any payment claim, a statutory declaration certifying that all money due and payable to its subcontractors and suppliers in relation to the works have been paid. This...
NSW Court of Appeal Rejects Retrospective Determination of Practical Completion
The determination of the date of practical completion under a construction contract has a number of important flow on effects, including the commencement of the defects liability period, the establishment of a reference date for the making of a further or final...
