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Latest Construction Contracts Articles

Building Dispute Conclaves: An Effective Way to Resolve Home Building Disputes

If you are a homeowner involved in a building dispute, you may have come across the term “building dispute conclave.” A building dispute conclave is a joint meeting between experts engaged by the respondent and the applicant, typically held on-site, with the aim of limiting or eliminating the need for expert evidence at the hearing. The conclave is conducted by a tribunal member with extensive experience and expertise in home building matters. In this article, we will explore what a “building dispute conclave” is, the process involved, and its benefits. If you are a homeowner facing a building dispute, read on to understand how a building dispute conclave can help you.

Privilege Against Self-Incrimination at NCAT NSW: Understanding Your Rights

As someone who is about to give evidence at the NSW Civil and Administrative Tribunal (NCAT), you may have concerns about self-incrimination. This means that you may be worried that the evidence you provide could be used against you in a criminal or civil proceeding. Fortunately, there are legal provisions in place that protect your rights in such a situation. One such provision is Section 128 of the Evidence Act 1995 (NSW), which provides the privilege against self-incrimination.

Section 38 of the Civil and Administrative Tribunal Act 2013 (NSW) further elaborates on the privilege against self-incrimination, specifically in the context of NCAT proceedings. In this article, we will explain what the privilege against self-incrimination is, how it applies in civil proceedings, and what protections you have when giving evidence at NCAT. We will also touch on the interaction between Section 128 and Section 38, so that you have a clear understanding of your rights when giving evidence at NCAT.

NCAT Consent Orders and Lessons from Aboriginal Housing Office v Harrison

If you are fortunate enough to resolve your dispute with the consent of the other party, then you will need the assistance of the NCAT to make the consent orders. In this article, we will discuss what consent orders are, how they work, and what you need to do to write them properly. We will draw on the recent case of Aboriginal Housing Office v Harrison [2021] NSWCATAP 97 to provide you with some guidance on how to navigate the consent order process at the NSW Civil and Administrative Tribunal (NCAT).

NCAT Appeal Panel: Expert Witness Evidence Case Analysis and Makita v Sprowles

The NCAT Appeal panel made 2 recent decisions that expert witnesses should be aware of. In this article, we analyse the 2 Appeal Panel decisions of:

  1. Vidler v Northern Rivers Landscaping; and
  2. Vujica v TNM Roofing

To assist expert witnesses who practise in NCAT, we provide an analysis of one of landmark decisions that Courts and Tribunals refer to when considering whether to accept, reject, or assess the weight of expert witness evidence. In particular, we analyse the principles of Makita v Sprowles.

The Homeowner’s Guide to Lodging a Home Building Application with NCAT

Lodging a home building application with the NSW Civil and Administrative Tribunal (NCAT) can be a daunting task. In this article, we provide a comprehensive guide for homeowners to navigate the process successfully. We’ll cover the essential steps to take before lodging an application, the key requirements, the procedural guideline requirements, and what to expect after submitting your application to help you resolve your residential building disputes.

Navigating NCAT Disputes with Contractors for Building Defects: A Guide for Homeowners

When homeowners face issues with contractors regarding building defects, it can be a challenging and frustrating experience. The New South Wales Civil and Administrative Tribunal (NCAT) offers a dispute resolution service to help homeowners and contractors resolve such disagreements. This short guide aims to provide helpful information to homeowners on how to navigate the NCAT dispute process and achieve a fair outcome.

NCAT and the Building Code of Australia and National Construction Code Compliance

In recent years, the Australian residential building industry has increasingly emphasised the importance of compliance with the Building Code of Australia (BCA) and National Construction Code (NCC), particularly in ensuring safety, quality, and sustainability. Ensuring that all construction work adheres to the relevant standards and regulations is crucial to maintaining safety, quality, and sustainability in residential buildings across the country. This article aims to provide an overview of the key components of compliance in Australian residential building work, with a focus on the Building Code of Australia (BCA), National Construction Code (NCC), and how these were applied by the NSW Civil and Administrative Tribunal (NCAT) Appeal case, The Owners Strata Plan No 92888 v Taylor Construction Group Pty Ltd and Frasers Putney Pty Ltd [2019] NSWCATCD 63.

The BCA and NCC, integral to Australian construction standards, shape the landscape of building in Australia, providing a set of technical provisions that govern the design, construction, and performance of buildings and plumbing and drainage systems. In addition to these codes, the case of The Owners Strata Plan No 92888 highlights the application by the NCAT of the BCA and Australian Standards in real-world situations, illustrating the importance of understanding and complying with the relevant regulations.

Throughout this article, we will explore the jurisdiction and legislation that underpin these codes, delve into the mechanisms by which compliance can be achieved, and examine the role of the Building Sustainability Index (BASIX) in New South Wales. Furthermore, we will discuss the implications of the case of The Owners Strata Plan No 92888, demonstrating the significance of compliance in residential building work and the potential consequences of non-compliance.

By understanding the complexities of compliance in Australian residential building work, industry professionals, homeowners, and stakeholders can better navigate the regulatory landscape and contribute to the ongoing improvement of safety, quality, and sustainability within the construction sector.

Building Negligence Claims and the Expanded Jurisdiction of NCAT: A Focus on the Design and Building Practitioners Act

Building negligence claims are a crucial aspect of the construction industry, as they provide a legal avenue for property owners to seek redress for defects caused by poor construction practices. The New South Wales Civil and Administrative Tribunal (NCAT) plays a vital role in resolving such disputes, helping parties find fair and just outcomes. This article examines the recent case of a townhouse dispute in Emu Plains, Sydney, which provides valuable insights into building negligence claims and the jurisdiction of NCAT in resolving these matters, particularly in light of the Design and Building Practitioners Act 2020 (DBPA).

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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