Articles
As part of the overhaul of the building and construction industry, the NSW Government have released the draft Building and Development Certifiers Regulation 2019¹ (draft Regulation). The draft Regulation is needed in order to bring the Building and Development Certifiers Act 2018 (the Act) into force. The Act and draft Regulation are intended to simplify and strengthen the…
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Quantum Meruit revisited After a period of uncertainty, a recent High Court decision has provided some clarity in relation to the principles of quantum meruit. In a decision of the High Court delivered 9 October 2019 in the matter of Peter Mann & Anor v Paterson Constructions Pty Ltd [2019] HCA 32¹, a majority of the…
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The NSW Government has released a draft of the Design and Building Practitioners Bill 2019¹. The draft Bill introduces a suite of new reforms to improve the quality and compliance of design documentation and to strengthen accountability across the design, building and construction sector. These reforms are part of the commitment made by the NSW…
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CC Builders (Aust) Pty Ltd v Milestone Civil Pty Ltd [2019] NSWSC 1251¹ On 6 September 2019, His Honour Rein J delivered a decision in this case which sets out a summary of the law at this time in respect of setting aside an Adjudicator’s Determination due to a denial of procedural fairness and jurisdictional…
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On 21 October 2019 reforms are commencing to the Building and Construction Industry Security of Payment Act 1999 (the Act) which will allow the Minister for Better Regulation and Innovation to make a code of practice to be observed by Authorised Nominating Authorities (ANAs) in relation to their activities under the Act. ANAs are responsible for receiving adjudication applications…
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