Construction Legal | Building & Construction Lawyers | Sydney
Simplifying complexity and reducing risk in the Australian building & construction industry since 2013


Announcements & Legal Updates

Australia needs 'decennial' Building Insurance

Taking out a "decennial" building insurance where defects are fixed by all contractors at a building regardless of fault, could be the solution that protects Australian owners of apartments and units, construction experts say.

In many countries including France, Belgium and Qatar, the"constructors" of a building – a reference to architects, builders, orany persons bound to a building by a contract of work – are liable forthe health of a building for up to 10 years and are obliged take out insurance to cover thisbefore construction starts, according to construction lawyer Jessica Rippon of Construction Legal.

Read More
Raki Srikantha
More changes to the Security of Payment Laws to commence in 2019

Recent changes to one of the most central pieces of legislation in the building and construction industry, the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘Act’) take effect in 2019 and will introduce several measures designed to give better protection for subcontractors. Principals and contractors need to familiarise themselves with these changes, update their contracts to reflect requirements of the Act and review internal processes to avoid breaches non-compliance.

Read More
Raki Srikantha
Building Products (Safety) Act

The Building Products (Safety) Act 2017 (NSW) (‘the Act’) was passed by the NSW Parliament and assented to on 30 November 2017 by the Governor. The Act comes after the tragic events of the Lacrosse fire in Victoria and the Grenfell Tower fire in London which led to combined total of 71 fatalities. The Act primarily focuses on identifying safety risks and enforcing checks and balances to prevent the use of unsafe building products

Read More
Calderbank Offers: The Basics

A Calderbank offer is an offer of settlement made in a “without prejudice” communication, which can have its confidential nature waived in an application for indemnity costs (Calderbank v Calderbank [1975] 3 All ER 333). Making a “without prejudice” settlement offer before commencing litigation is a useful way to resolve disputes without recourse to litigation and is useful for reducing costs.

Read More
Is Service by USB Acceptable Service?

The Building and Construction Industry Security of Payment Act 1999 (‘the Act’) prescribes strict provisions relating to the service of documents. While there may be more convenient ways of serving documents than through hard copies, Parkview Constructions Pty Ltd v Total Lifestyle Windows Pty Ltd t/as Total Concept Group [2017] NSWSC 194 reminds us of the necessity of strict compliance with the Act.

Read More
Understanding Indemnities

Indemnities are legally enforceable promises between parties to a contract where one party agrees to accept the risk of loss that another party may suffer in a particular situation.

Read More
Nicole Sidoti