Construction and Engineering
Can you escape being a ‘developer’ by way of a deed of partition?
A recent decision of the Supreme Court of NSW highlights an important issue for parties undertaking multi-dwelling residential developments being, can a person, corporation or partnership escape being a “developer” through the use of a deed of partition for the purposes of the Home Building Act 1989 (NSW) (HBA)
In Succar v Dominium Homes Pty Ltd [2026] NSWSC 1117 (Succar), Brereton J considered whether five co-owners of land were “developers” under s 3A of the HBA.
NSW Building Act 2026 & Negligence in Construction
If you own or buy a home in NSW, there are laws to protect you if the building turns out to be defective. One of them is the statutory duty of care under the Design and Building Practitioners Act 2020 (NSW) (DBP Act).
Personal liability under s 37 of the DBP Act: What individuals need to know
Section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) imposes a statutory duty of care on any person who carries out "construction work" to exercise reasonable care to avoid economic loss caused by defects in or related to a building....
Show me the money: Understanding the NSW Security of Payment Laws
If you work in construction in New South Wales – whether you are a subcontractor, a small builder, or a head contractor – you have probably had to chase payment at some point. The good news is the law is on your side. The Building and Construction Industry Security of...
Sometimes a work order is just not enough…
On 6 February 2023, Senior Member G K Burton SC (SM Burton) delivered the decision of Denmeade v Travers [2023] NSWCATCD 3. The applicant, Melanie Denmeade (Owner), sought a money order against the respondent, Philip Travers (Builder), pursuant to the Home Building...
Insolvent? You can still serve a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW)
On 17 February 2023, Ball J delivered the decision of Kennedy Civil Contracting Pty Ltd (Administrators Appointed) v Richard Crookes Construction Pty Ltd; In the matter of Kennedy Civil Contracting Pty Ltd [2023] NSWSC 99. His Honour held that companies facing...
Pleading with precision under the Design and Building Practitioners Act 2020 (NSW)
On 18 April 2023, Justice Stevenson delivered the decision in the matter of The University of Sydney v Multiplex Constructions Pty Ltd [2023] NSWSC 383. His Honour highlights the importance of pleading with a degree of precision, namely in relation to the statutory...
New regulations surrounding the Design and Building Practitioners Act 2020 implemented in NSW
The Building Legislation Amendment (Building Classes) Regulation 2023 (Regulation) was published by the NSW Government on 24 February 2023 and brought with it a raft of changes that are expected to affect builders, developers, owners corporations and more generally,...
Emergency remedial building work permitted under the Design and Building Practitioners Act 2020
There has been uncertainty regarding the applicability of the Design Act to emergency rectification work. This uncertainty has paved the path for NSW Fair Trading to issue a guideline explaining the obligations for emergency remedial building work under the Design and...
Are you a concurrent wrongdoer? Proportionate liability applies to claims under the Design and Building Practitioners Act 2020
On 23 February 2023, the NSW Supreme Court handed down its decision in The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWSC 116. Justice Rees confirmed that if a defendant is in breach of the non-delegable statutory duty of care under section 37 of the...
