On 8 June 2022, the Victorian Supreme Court of Appeal (VSCA) confirmed the commencement date of limitation periods under the Building Act 1993 (Vic) (Building Act). Where multiple occupancy permits have been issued for a building project, this decision has significant industry impacts.
Read MoreProperty owners will typically commence legal proceedings against a builder in the event of defective works for a breach of the warranties implied into each domestic building contract. In response to this, a builder may seek to apportion fault to other construction professionals involved in the project such as the building surveyor to reduce its liability to the owners.
Read MoreThe recent NSW Supreme Court decision in Sydney Capitol Hotels Pty Ltd v Bandelle Pty Ltd [2019] NSWSC 1825 confirms that certain claims which are made 10 years after the date of the occupancy permit will not be time barred under section 134 of the Building Act 1993 (Vic). In Victoria, there are two Acts which prescribe limitation periods, namely Section 5 of the Limitation of Actions Act 1958 (Vic); and Section 134 of the Building Act 1993 (Vic).
Read MoreThe recent High Court decision in Mann v Paterson Constructions Pty Ltd [2019] HCA 32 highlights the importance of complying with section 38 of Domestic Building Contracts Act 1995 (Vic) (Act) in order to recover payment for a variation to the works. In March 2014, Mr and Mrs Mann (the Owners) entered into a Master Builders Association Form HC-6 (Edition 1-2007) major domestic building contract with Paterson Constructions Pty Ltd (the Builder).
Read MoreThe State Taxation Acts Amendment Act 2019 which was recently enacted has resulted in significant changes to the “economic entitlement” provisions of the Duties Act 2000. Under the changes, a residential developer will be deemed to have acquired an ‘economic entitlement’ to any income, rent or profits generated from the land and will be subject to a duty as if they had acquired a beneficial ownership interest in the land.
Read MoreIf you are planning to carry out building work on your property, you may be required to carry out protection work to adjoining properties to ensure that they are not affected or damaged by your proposed building work.
Read MoreThe recent decision of VCAT Deputy-President Justice Woodward regarding the widely reported fire in the Lacrosse Tower in 2014 has raised serious liability implications for consultants under separate agreements that are novated to construction contracts, in cases involving combustible cladding.
Read MoreThe new ipso facto regime enacted by the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 in 2017 amends the Corporations Act 2001 (Cth) (Act) by introducing a “stay” to the enforcement of contractual ipso facto provisions that are triggered upon the occurrence of certain insolvency related events. The amendments apply to all contracts entered into on and from 1 July 2018.
Read MoreThe Sale of Land Amendment Bill 2018 (Bill) was introduced to the Victorian parliament in August 2018, passed by the Legislative Assembly on 20 September 2018 and introduced to the Legislative Council on 20 September 2018. A key purpose of the Bill is to amend the Sale of Land Act 1962 to restrict the use of sunset clauses in certain off-the-plan contracts.
Read MoreThe tragic building fires in the Lacrosse Building of Melbourne in 2014, the Marina Torch Tower of Dubai in 2015 and the Greenfell Tower of London in 2017 have sparked international safety concerns regarding the use of combustible cladding in construction of buildings, homes and places of public assembly.
Read MoreThe Building and Construction Industry Security of Payment Act has been operating in Victoria since 2002. Other states and territories have also enacted their own security of payment legislation such as New South Wales which has had its own security of payment regime in place since 1999.
Read MoreEarlier this year an independent government agency called Domestic Building Dispute Resolution Victoria (DBDRV) was set up to help parties resolve domestic building disputes.
Read MoreContractors often experience significant delays in receiving payment during the course of a construction project or do not receive payment at all.
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