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Category: Building Defects

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

Building Defects

Posted 20 October 2014

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 1…

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

Building Defects

Posted 10 October 2014

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 …

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Submissions on the Home Building Regulation 2014

Building Defects

Posted 20 August 2014

Dear Commissioner, INTRODUCTION 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.…

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Can I claim a Loss or Rent from the Owners Corporation, CHU or SUU?

Building Defects, Strata Insurance

Posted 22 October 2013

Up until recently lot owners routinely claimed for any loss of rent suffered by them, due to a breach by the owners corporation of section 62 of the Strata Schemes Management Act 1996 to maintain and …

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Developments for Preliminaries in Building Defects claims

Building Defects

Posted 15 September 2011

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 T…

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Issues Faced by Owners Corporations When Dealing with Construction Contracts

Building Defects

Posted 30 March 2011

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 add…

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Settlement and Costs in Building Defect Claims

Building Defects

Posted 01 March 2011

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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Joint Venture Agreements and Proportionate Liability Claims in Building Defect Matters

Building Defects

Posted 20 August 2010

Changes and counterbalancing measures for residential building defects claims Joint venture arrangements The case of Ace Woollahra Pty Ltd v The Owners – Strata Plan 61424 & Anor [2010] NSWCA 10…

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