Insights and news
NSW Security of payment decision on the ‘one contract’ rule
BSA Advanced Property Solutions (Fire) Pty Ltd v Ventia Australia Pty Ltd [2022] NSWCA 82 Overview The NSW Court of Appeal (COA), in BSA Advanced Property Solutions v Ventia Australia, has recently determined that the ‘one contract rule’ is not a pre-requisite for a...
SUPREME COURT HANDS DOWN FIRST DECISION ON STATUTORY DUTY OF CARE UNDER THE DBP ACT
CASE SUMMARY Goodwin Street Developments atf Jesmond Unit Trust v DSD Builders (in liq) [2022] NSWSC 624, is the first Supreme Court decision on the statutory duty of care owed by building practitioners under the Design & Building Practitioners Act 2020 (DBP Act)....
New State Revenue and Fines Legislation Amendment Bill
Overview of the bill On 23 March 2022, The State Revenue and Fines Legislation Amendment (Miscellaneous) Bill 2022 (NSW) (Bill) was introduced into the NSW Legislative Assembly. The Bill proposes to make ‘miscellaneous amendments’ to legislation relating to State...
Adjudication Determination quashed in Supreme Court
Introduction Given the tension being experienced by players in the construction industry due to chain delays and increased cost of materials, contractors are increasing their reliance on statutory rights to payment under the security of payment legislation (SOPA)....
Jessica Rippon selected onto the Ministerial Advisory Panel for Decennial Liability Insurance
I'm honoured to be selected onto the Ministerial Advisory Panel for Decennial Liability Insurance. DLI is the right solution to a long standing problem faced by many consumers living in apartments across the State. On behalf of the Owners Corporation Network of...
Construction Legal named in the Australian Financial Review Fast Starters 2021 list
Fast Starters 2021 We're very excited to announce that Construction Legal has been named in the 2021 Australian Financial Review's Fast Starters list published today. I’m extremely proud of the Construction Legal team and humbled by the trust and continued support of...
Safework officers to inspect construction sites to eliminate unsafe work practices
Overview Everyone involved in the construction industry knows that the number one priority on construction sites is the safety of the workforce at all times, with heavy penalties and prosecutions for those that fail to adhere to these important safety practices and...
RAB Act Wrap Up – One Year On
Executive Summary It has been one year since the Residential Apartment Building (Compliance and Enforcement) Act 2020 (‘RAB Act’) came into effect, giving the NSW Building Commissioner sweeping powers to enter construction sites and issue orders for the rectification...
How to secure the return of your final retention
Introduction Almost every construction contract will contain a retention clause to ensure that a contractor or subcontractor (as the case may be) properly completes their works by the date for practical completion, including by returning to site to rectify any defects...
Death from Fall a Timely Reminder to Maintain Safe Work Practices at Construction Sites
Introduction New South Wales was once again faced with another tragic and likely avoidable on-site death of a construction worker in Sydney’s West on Tuesday, 29 June 2021. At approximately 4:00 pm emergency services responded to reports that a worker had fallen from...
Are you ready to become a Registered Practitioner on 1 July 2021?
New rules - DBP ACT & REGULATION Construction Legal’s director, Jessica Rippon, recently gave an informative presentation to the members of the Australasian Concrete Repair and Remedial Building Association on the recent Design Building Practitioners Regulations....
COVID-19 Moratorium for Retail and Commercial Leases
Executive Summary The Retail and Other Commercial Leases (COVID-19) Regulation 2020 (No 3) (Regulation 3) expired on 28 March 2021, impacting protection offered to tenants of retail and commercial leases throughout COVID-19. This regulation protected tenants of...