Building Defects

Do You Let the Builders Come Back to Fix Their Own Defects? It’s all about Acting Reasonably

Owners Corporations’ Duty to Act Reasonably in Relation to Loss and Damage Arising from Building Defects  

In two recent decisions concerning claims made by Owners Corporations against Builders for admitted defective work, the Supreme Court of NSW has considered and applied the old principles concerning mitigation of loss and the obligation to act reasonably, to present day strata building defects in:

Owners Corporation Update on Commencement Proclamation of the Home Building Amendment Act 2014

In a Nutshell

On 10 December 2014, it was proclaimed that the Home Building Amendment Act 2014 (“the Amendment Act”) would commence in two stages, with:

Building Defects - Owner-Builder Work

In a Nutshell

Owner-builder work is presumed to have been completed within 18 months after an owner-builder permit is issued, or earlier if an occupation certificate is issued within that period. 

Breathing Space: Delays to the Start of the Home Building Amendment Act 2014

In a Nutshell

The anticipated 1 December 2014 commencement date for the Home Building Amendment Act 2014 has been delayed allowing owners corporations some breathing space.

Building Defects Claim Update - High Court Hands Down Decision in Brookfield Case

In a Nutshell

On 8 October 2014, the High Court in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36 (the Brookfield case) found that a builder did not owe a duty of care to an owners corporation in a serviced apartment complex (not residential building works) where sophisticated parties had negotiated rectification clauses. 

Submissions on the Home Building Regulation 2014

Dear Commissioner,


I refer to your letter dated 18 July 2014 inviting comment on the draft Home Building Regulation 2014 and thank you for the opportunity to provide a response.

Developments for Preliminaries in Building Defects Claims

Owners Strata Plan 70579 v Midwest Constructions Pty Limited & Ors [2011] NSWSC 429

Obtaining adequate compensation for owners corporations in building defect matters is a specialised task.

In The Owners Strata Plan 70579 v Midwest Constructions Pty Limited & Ors the Supreme Court considered an owners corporation’s request to vary a referee’s report to make further allowance for superintendence fees, storage costs, protection of goods costs, a contingency allowance, an increased contract period and scaffolding.

Building & Construction Industry Security of Payments Act 1999 (NSW)

Owners corporations enter into many agreements not realising the interim relief payment requirements that they may be subject to under the Building and Construction Industry Security of Payments Act 1999 (“the Act”) which do not need to be disclosed in the contract.

Issues Faced by Owners Corporations When Dealing With Construction Contracts

Owners corporations often enter into construction contracts with builders, architects, project managers, contract administrators and other contractors, dealing with a wide range of issues, such as adding to or altering the structures erected on the property, repairs and upgrade works.

Settlement and Costs in Building Defect Claims

Managing costs is an important aspect of building defect claims. The Supreme Court recently considered this.

New tool to help owners recover costs in defects claims

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