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Related Reading: Building and Construction Law
Access to Adjoining Land and Easements
Access to Adjoining Land and Easements Building projects often necessitate access to neighbouring land for construction purposes or the placement of ...more
Guide to 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 2020 (NSW)
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) (“the Act”) is a comprehensive piece of legislation that sets out, among other things, the minimum standards for ...more
Understanding the 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
Delays and Extensions of Time in Construction Law
One of the main goals of any construction project is to have it completed on time and within budget. However, there are times when delays occur, and ...more
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
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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
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
