Latest Uncategorized Articles

Stumbling upon defects post-purchase under a sale of land contract can disrupt the excitement of your new home, but section 18B of the Home Building Act (NSW) gives you statutory warranties. The NSW Court of Appeal landmark Allianz v Waterbrook case stands as a bastion of hope, particularly for Owners stepping into the original owner’s shoes. This concise guide aims to navigate the intricacies of your rights under the home building contract—distinct from the sale of land contract. As you confront the reality of defective works or deliberate over-pursuing compensation for breach of the statutory warranty in the NSW Civil and Administrative Tribunal, this article will equip you with the essential knowledge to assert your rights and seek due remedy confidently.

When construction on your home doesn’t go as planned, the road to remedy is paved with legal complexity. The landmark case of Tabcorp Holdings Ltd v Bowen Investments Pty Ltd sheds light on this path. For homeowners seeking to rectify construction defects, this case clarifies how to effectively calculate damages and face the ‘betterment’ argument head-on. The High Court’s judgement Tabcorp Holdings Ltd v Bowen Investments is authority for the daunting ‘betterment’ defence while seeking fair compensation for rectification.

Building contracts are the foundation of a successful construction project, and understanding their legal aspects is crucial. In this article, we explore the key considerations when signing a building contract, ensuring homeowners are well-informed and protected. From contract types to dispute resolution, we’ll guide you through the legal intricacies of building contracts.

Building your dream home requires a solid foundation, and that begins with reviewing and understanding your builder’s contract. This crucial document outlines the terms, responsibilities, and expectations for your project. However, many homeowners overlook its importance, leading to unexpected issues. In this guide, we explore the key elements to look for in your builder’s contract. From scope of work to payment terms, timelines, and warranties, we provide insights and tips for a successful negotiation process. Protect your interests, mitigate risks, and ensure a smooth construction journey.

Homeownership is a significant investment, and building or renovating a home can be an exciting yet stressful experience. One of the most critical aspects of the process is ensuring that you have the proper insurance and warranties to protect your investment. In this article, we will discuss the various insurances and warranties available for homeowners during the construction process and how they can safeguard their investment in their home. As a construction lawyer with more than ten years of experience, I have advised many homeowners on the importance of protecting their interests when building or renovating their home.

Price increase provisions in residential building contracts allow for adjustments to the contract price during construction. It is crucial to understand and negotiate fair terms, as these provisions can significantly impact the final cost of a building project. This article will provide an overview of what to look for in price increase provisions and strategies for negotiating fair terms. Homeowners should carefully consider these provisions to ensure they are protected from unexpected costs and that the contract reflects their intentions.

Managing allowances and adjustments in a building contract is crucial for ensuring a fair and transparent agreement between homeowners and builders. Failure to manage these aspects properly may result in additional costs, delays, disputes, and other issues that can impact the project’s success. In this article, we will explore the common issues that may arise and provide practical tips on how to manage allowances and adjustments effectively.

Building disputes can be complicated and costly. Choosing the right dispute resolution method is crucial to achieving a fair and efficient outcome. This article provides an overview of arbitration and litigation as methods for resolving building disputes. Homeowners must consider factors such as time, cost, complexity, and finality when deciding between the two methods. Understanding these factors can help homeowners make an informed decision that meets their needs and protects their rights.

Residential building projects can be complex, involving multiple parties, contracts, and legal requirements. Understanding the common causes of disputes is crucial for homeowners and contractors alike. Disputes can be costly and time-consuming, resulting in delays, financial loss, and legal battles. By identifying the common causes of disputes, parties can take proactive steps to prevent or resolve issues, protecting their investment and ensuring a successful project outcome.

A builder’s warranty is a contract between the homeowner and the builder that guarantees the property will be free of flaws for a set amount of time. Understanding the warranty’s scope of coverage is essential to preventing controversies and associated costs. Structure-related problems, water damage, electrical problems, and plumbing problems are frequently covered. We will go into detail about these problems in this article and offer suggestions for how to deal with them.