Related Reading: Building and Construction Law

Construction work without a Written Contract and Quantum Meruit

The Landmark case of Pavey and Matthews v Paul The case of Pavey and Matthews Pty Ltd v Paul 1987 High Court of Australia sets out the circumstances ...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

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

Brander Smith McKnight Lawyers create Legal Precedent, Home Building Act

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

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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

Statutory Warranties and Defects

What is a Statutory Warranty? Section 18B of the Home Building Act 1989 (NSW) contains various warranties that are implied in all contracts for the ...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