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Construction Solicitor Articles

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Oral agreements- Homeowners Lessons from C & V Engineering Case - Featured Image

Oral Agreements in Construction Disputes: Homeowners Lessons from C & V Engineering Case

Engaging in a home construction project is often an exciting time. Yet, beneath this excitement lies a complex web of interactions between homeowners and their builder, often governed by a blend of the written contract and oral agreements. These spoken promises, while integral to the fluid nature of construction projects, are prone to misunderstandings or misinterpretations, potentially leading to disputes that can mar the entire experience.

Navigating NCAT- How to Avoid a Work Order and Get a Money Order - Featured Image

Navigating NCAT: How to Avoid a Work Order and Get a Money Order

If you’re a homeowner in New South Wales (NSW) dealing with a construction dispute, you might be facing the daunting prospect of a Tribunal-issued work order. It is important to understand your rights under the Home Building Act and the nuances of NCAT. The case of Hassos v Beechwood Homes [2022] NSWCATCD 121 is an example where the Tribunal favored a monetary order over a work order.

Rental Damages Claim in NSW Construction Disputes - Featured Image

Rental Damages Claim in NSW Construction Disputes

It is common that homeowners suffer from rental loss as a result of their builder’s delay with completing construction work. The case of Hassos v Beechwood Homes [2022] NSWCATCD 121 offers guidance of a successful and less common instance where the owners successfully claimed rent damages. This article not explores how homeowners can claim rental income loss due to a builder’s delay or defective work and the application of the important principle of causation.

NSW Unlicensed building work- Important Legal Cases 261123 - Featured Image

NSW Unlicensed Building Work: Important Legal Cases

In residential building, the engagement of a licensed builder is not just a matter of best practice, but a legal necessity under the Home Building Act 1989 (NSW). The Act, a cornerstone of New South Wales’ building legislation, stipulates stringent licensing requirements, aiming to safeguard homeowners against the pitfalls of substandard workmanship and to uphold industry standards. However, navigating the complexities of building contracts and understanding the implications of unlicensed building work can be daunting for many homeowners.

Due Care and Skill- Section 18B(1)(a) Home Building Act Explained - Featured Image

Due Care and Skill: Section 18B(1)(a) Home Building Act Explained

When embarking on residential building projects, homeowners often envision a smooth process leading to the realisation of their dream homes. However, the journey from blueprint to build can be fraught with challenges, chief among them being disputes over the quality of workmanship. Central to these disputes is the concept of “due care and skill,” a legal standard embedded in both the Home Building Act 1989 (NSW) and the Australian Consumer Law (ACL). Understanding this standard is crucial for homeowners navigating the complexities of building disputes.

Understanding Your Rights A Case Study on Non-Compliant Contractors - Featured Image

No HBCF Insurance and Non-Compliant Contractors: A Homeowner’s Guide

Are you a homeowner facing issues with your contractor over home renovation or building work? If you’re researching a contractor who has not met essential legal requirements, such as not having a contractor licence, failing to provide Home Building Compensation Fund (HBCF) insurance, or not preparing a compliant contract as per the Home Building Act 1989 (NSW), this article is for you. We will explore the key lessons from a pivotal case, Walsh v Archi Lab Pty Ltd [2023] NSWCATCD 67, and how it can guide you in understanding and asserting your rights.

Understanding Your Rights- Dealing with Contract Variations in Home Building - Featured Image

Understanding Your Rights: Dealing with Contract Variations in Home Building

Home building projects are exciting for homeowners, but can come with their share of challenges, especially when unexpected changes arise. One common issue is when council-required design changes lead to contract variations, often increasing costs. In these scenarios, homeowners must understand their Australian Consumer Law (ACL) rights. This article helps homeowners understand their rights with these costly legal complexities, providing a clear guide for navigating such situations.

Featured Image - Why Developers and Civil Contractors Should Engage a Civil Engineer for Precision in Construction and Payment Disputes in Australia

Why Developers and Civil Contractors Should Engage a Civil Engineer for Precision in Construction and Payment Disputes in Australia

In the dynamic world of the Australian construction industry, developers and civil contractors often find themselves facing multifaceted challenges. Whether embarking on large-scale projects, infrastructure developments, or residential construction, the complexity of the construction industry can sometimes give rise to disputes, particularly in the realms of quality, cost, and contractual obligations. When such disputes arise, engaging a Civil Engineer becomes more than just a prudent decision; it is a strategic imperative.

The Complete Handbook for Homeowners: Navigating Construction Law in New South Wales

If you’re a homeowner in New South Wales, it’s crucial to understand Construction Law to protect your investment. This ultimate guide to Construction Law is specifically designed to provide homeowners with essential insights into the legal landscape of home building in NSW.

The Complete Handbook for Homeowners: Navigating Construction Law in New South Wales

If you’re a homeowner in New South Wales, it’s crucial to understand Construction Law to protect your investment. This ultimate guide to Construction Law is specifically designed to provide homeowners with essential insights into the legal landscape of home building in NSW.

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