Related Reading: Building and Construction Law

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

Building and Construction Industry Security of Payment Act

A Guide to the Building and Construction Industry Security of Payment Act The Building and Construction Industry Security of Payment Act 1999 (NSW) is...more

A Guide to the Design and Practitioner’s Act

Introduction The Design and Building Practitioners Act 2020 (NSW) (“Act”) was enacted in response to several major construction project failures, ...more

An Overview of Building and Construction Law

Are you planning to embark on a building or construction project in New South Wales? If so, it’s crucial to have a solid understanding of the ...more

Warranties Provided by The Home Building Act

The Home Building Act 1989 (NSW) is a comprehensive piece of legislation that sets out, among other things, the minimum standards for residential ...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

Construction Delays and Extension of time : Legal Implications

One of the main aims of any construction project is to have it completed on time and within budget. However, there are times when construction delays ...more

Quantum Meruit in Construction Law

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

Recoverable Contract Damages from a breach, the rule of Remoteness

In a contract, damages flowing from a breach must not be remote.  This principle has been defined in the well known case of Hadley v Baxendale. The ...more

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What is the difference between Contracts, Deeds and Agreements

An agreement is a colloquial term that can be documented in the form of a contract or deed.  Deeds and contracts differ in several ways discussed in ...more

Home Building Act : Legal precedent set by BSM Law

The primary source of legal requirements imposed on contracts for residential building work are found within the Home Building Act 1989 (NSW). ...more

Licences for Residential Building Work

Overview Residential building work is largely governed by the Home Building Act 1989 (NSW) (referred to in this article as the Act).  The Act ...more

Recent Supreme Court decision regarding Building Act

Supreme Court Considers the Design and Building Practitioners Act New Obligations The Design and Building Practitioners Act (referred to as the Act in...more

Home Building Contracts and Review

What are Building Contracts? A building contract is a contract which relates to a building or construction project.  Building contracts typically ...more

Security of Payments Act

What is the Security of Payment Act? The Building and Construction Industry Security of Payment Act 1999 (NSW) is a piece of legislation which ...more

Off the Plan Property Disputes

An ‘off-the-plan’ property involves the purchase of a property that is planned to be built, but not yet built.  Disputes commonly arise in ...more

Home Building and Construction Disputes

Disputes in relation to residential building and construction work are unfortunately common. They can include disputes involving building defects or ...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