Commencing Legal Action Against Subcontractors

Changes brought about by the Home Building Amendment Act 2014 (NSW) to the Home Building Act 1989(NSW) mean that owners corporations can arguably commence legal action against subcontractors (who are solvent) for breach of statutory warranties where the building contract between the builder and developer was entered into after 1 March 2015.

Subcontractor Alert – Beware of Subcontracts that incorporate or refer to terms in the Head Contract or other Documents

Following the NSW Court of Appeal’s recent decision Wright v Lend Lease Building Pty Ltd; Intercon Engineering Pty Ltd v Lend Lease Building Pty Ltd [2014] NSWCA 463 (Wright’s case)

What Do I Do When a Subcontractor Doesn't Perform?

In a Nutshell

Builders need to manage both the “front-end” and “back-end” of works performed by subcontractors so that builders can take appropriate steps if a subcontractor performs defective work or fails to finish a job.

Contractors and Subcontractors - Statutory Help Obtaining Payment


Various statutes assist contractors and subcontractors involved in construction contracts with obtaining payment, particularly:

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