What is a
Notice of Dispute?

In the complex world of construction law, understanding how courts interpret breaches of the Home Building Act can be crucial for both homeowners and builders. The Supreme Court of New South Wales decision of Pender v Robwenphi Pty Limited & Anor [2008] NSWSC 1144, highlighted a principle that continues to influence legal thinking today: the importance of intent when considering statutory breaches of the Home Building Act.

A recent decision by the NSW Civil and Administrative Tribunal (NCAT) in Jones v Mega Awesome Kapow Constructions Pty Ltd [2024] NSWCATAP 86 offers valuable insights into quantum meruit claims in construction disputes. This case provides important considerations for homeowners, builders, and contractors in New South Wales, particularly regarding the evidence required to support such claims.

In a recent decision, the NSW Civil and Administrative Tribunal Appeal Panel ruled in favor of a homeowner who terminated a residential building contract due to the builder’s failure to obtain proper insurance and other breaches of the Home Building Act. The case, Nyunt v North Shore Homes Pty Ltd [2020] NSWCATAP 143, provides important guidance on the rights of homeowners and obligations of builders under NSW construction law.