Insights and news
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...
Key Changes to Security of Payment Regulation 2020 from 1 March 2021
What you need to know The Building and Construction Industry Security of Payment Act 1999 (NSW) (“SOP Act”) regulates the payment requirements in the building and construction industry that builders, subcontractors, principals, and now homeowners must follow. On 1...
National Safe Work Month – WHS Through COVID-19
National Safe Work Month – Why is it Important? This October is National Safe Work Month by Safe Work Australia and focuses on the theme of “Work Health and Safety through COVID-19”. The construction industry in particular requires employers to meet the highest...
Supreme Court once again reinforces the binding nature of Expert Determination Clauses
May Harlow Pty Ltd v Winten (No 48) Pty Ltd [2020] NSWSC 1011 Alternative dispute resolution mechanisms are becoming widely used across all sectors, not just in the building and construction industry. This is because they are often cheaper and faster when compared to...
New Building Legislation Promises Accountability and Oversight
Design and Building Practitioners Act 2020 (NSW) The regulatory landscape of the building and construction industry in New South Wales (NSW) is set for major overhaul over the next 18 months as the “first pillar” of the NSW state government’s “six pillar” reform...
The First Major Step in Tackling the Strata Living Crisis in NSW
Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) In 2019, the Opal and Mascot evacuations became embodiments of a failed system in the building and construction industry, forcing the government’s hand to seriously consider...
High Court Clamps Down on Quantum Meruit
In the building and construction industry, parties that enter into contracts are bound to fulfil the promises that form their agreement. The courts will intervene when a party has not fulfilled their side of a concluded agreement. If for example a principal hires a...
Workplace Incidents Prompt Construction Site Safety Crackdown
Work Health and Safety In February of this year the New South Wales State Government proposed changes to the state’s existing work health safety framework that would have the effect of significantly increasing pressure on employers to comply the safety requirements of...