Construction and Engineering
Project Lawyers successfully obtains approval for development consent to construct a childcare centre
In a recent decision, Artmade Architectural Pty Ltd v The Hills Shire Council [2022] NSWLEC 1712, we acted for the applicant, Artmade Architectural Pty Ltd, who commenced an appeal under s 8.7(1) of the Environmental Planning and Assessment Act 1979 against the...
The duty to mitigate and the duty to repair and maintain common property
On 28 November, the Supreme Court of NSW delivered its judgment in Smith v Owners – Strata Plan No. 3004 [2022] NSWSC 1599. The judgment related to the application of sections 106(1) and 106(5) of the Strata Schemes Management Act 2015 (NSW) (SSM Act), and whether the...
When is a payment schedule “provided” under the Building and Construction Industry Security of Payment Act 1999 (NSW)?
It is common ground, that a respondent must “provide” a payment schedule in response to a payment claim within 10 business days under s 14 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act). If, after 10 business days of being...
Adding new defects to an existing claim for breach of statutory warranties under the Home Building Act 1989 (NSW)
On 24 August 2022, the NSW Supreme Court delivered its decision in The Owners – Strata Plan No 90018 v Parkview Constructions Pty Ltd [2022] NSWSC 1123. Justice Stevenson confirmed that an owners corporation is entitled to add new defects to an existing claim for...
The NSW Supreme Court confirms that directors of building companies and site supervisors owe a duty of care under the Design and Building Practitioners Act 2020 (NSW)
On 12 October 2022, the NSW Supreme Court handed down its decision in Boulus Constructions Pty Ltd v Warrumbungle Shire Council [2022] NSWSC 1368 (Boulos). In Boulos, Justice Stevenson confirmed that directors of building companies and site supervisors owe a duty of...
Class 3 and Class 9c buildings potentially captured in the Design and Building Practitioners Act 2020 and Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020
Background As part of its reforms aimed at restoring confidence and improving the compliance and enforcement systems in the building and construction industry in NSW, the NSW Government introduced the Design and Building Practitioners Act 2020 (DBP Act) and the...
Builders and Developers rated as trustworthy by iCIRT
As part of the Construct NSW strategy, the Office of the Building Commissioner has released a five star-rating system known as the Independent Construction Industry Ratings Tool (iCIRT). Created by global rating firm Equifax, iCIRT is a voluntary tool that allows...
COVID-19 reforms relating to strata and community schemes – What does this mean for you? – June 2022 Update
Last year, we published an article [1] detailing the reforms to the Strata Schemes Management Regulation 2016 (NSW) and Community Land Management Regulation 2018 (NSW) following the impacts of COVID-19. On 1 June 2022, the Strata Schemes Management Amendment...
The NSW Supreme Court finds that the Design and Building Practitioners Act 2020 (NSW) applies to ‘buildings’ other than “class 2” buildings and representatives of construction companies may be held personally liable
Until recently, there was a sense of uncertainty in the construction sphere surrounding the application of the statutory duty of care imposed by the Design and Building Practitioners Act 2020 (NSW) (Design Act). The general consensus amongst construction professionals...
Developers Liable – The NSW Supreme Court delivers a key judgment clarifying the statutory duty of care imposed on developers
On 24 May 2022, the NSW Supreme Court handed down its decision in The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2022] NSWSC 659. Justice Stevenson clarified that the statutory duty of care prescribed by s 37 of the Design and Building Practitioners Act...
