Introduction The issue of defective work in the construction industry, particularly as it concerns residential developments, has been an issue of public concern for many years and has attracted significant publicity. Forming part of the suite of reforms recently...
Can a builder still recover payments due under a building contract after being 141 weeks late in completing works? Key takeaways Despite the owner terminating a building contract for serious delay and breach by the builder in failing to provide supporting documents...
In The Owners – Strata Plan No 87265 v Saaib; The Owners – Strata Plan No 87265 v Alexandrova [2021] NSWSC 150, an Owners Corporation brought proceedings against a builder and an insurance broker. The Owners Corporation contracted Mr Saaib (builder) to do residential...
In a review of the laws under the Strata Schemes Management Act 2015 and Strata Schemes Development Act 2015, the Minister for Better Regulation and Innovation opened community consultation as a crucial part of that statutory review. The Government sought feedback on...
On 24 February 2021, the NSW Government introduced new laws which makes it much easier to install renewable energy in strata buildings. Prior to this amendment, a vote on installing clean energy infrastructure required a special resolution to be passed, which is...
Introduction Christmas has come early for a wind farm operator in Victoria with a recent decision in the Supreme Court of Victoria determining in their favor and adding to authority on how renewable energy infrastructure built on leased land (such as wind turbines) is...
It's probably fair to say that you wouldn't ask your builder to give you legal advice (and you definitely wouldn’t ask us to build your house). However, we regularly see disputes between builders and home owners where both parties have failed to get legal advice at an...
By Murray Procter and Ben Keenan Following the upheaval experienced by employers in the construction industry in 2017 as a result of the commencement of the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act) and the Code for the Tendering...
There is a requirement in the Planning Act 2016 (Qld) (Planning Act) for developers to obtain land owner’s consent prior to making development applications for a material change of use or reconfiguring a lot. There is a separate requirement in section 65 of the...
By Paul O'Dea and Nerida Whelan Earlier this year the Queensland parliament passed the Building and other Legislation (Cladding) Amendment Regulation 2018 (Qld), amending the Building Regulation 2006 (Qld) ("Regulation"), which will come into force on 1 October 2018....
EDIT 31 MAY 2018: The Minister for Revenue and Financial Services has now issued an explanatory statement as well as a draft declaration and draft regulations which outline various rights and agreements which are proposed to be exempted from the ‘ipso facto’...
We are pleased to announce that our Property & Projects team, in particular, our Partners Paul O’Dea and Steven Cardell, have been featured in Doyle’s Guide among Queensland’s leading property law lawyers for 2018 in the following categories: Recommended Leading...