Off the Plan goes off

Introduction A recent decision of the New South Wales Court of Appeal focuses attention on the terms of the sale contract when developers sell units “off the plan”.[1] Background  Rialto Sports Pty Limited (“Rialto”) owned and developed a four-storey commercial strata building consisting of 27 units at the Kingsway, Miranda.  In early to mid-2014, prior […]

The rise and rise of contract

Disputes about variation claims are a common source of construction disputes. In this Update we examine a recent decision of the District Court of South Australia highlighting the need for parties to read and carefully follow the terms of their contract when variations arise.

Delivery by hyperlink

Electronic communication has become the new normal, particularly since the arrival of COVID-19. The legal profession has been slow to accept the new normal, but recent months have accelerated that progress.

In this Update we examine a recent South Australian Supreme Court case dealing with the effectiveness of electronic communication in the context of the strict requirements of the Building and Construction Industry Security of Payment Act 2009 (SA).

It’s called a contract

Construction Law Update No. 1905 discusses a recent decision of the Full Court of the Supreme Court of South Australia and shows the ripple effect that can emanate from disgruntled clients and a relatively modest home renovation that went awry. The case demonstrates how a lack of attention to the terms of the contract can result in a long and costly dispute.

Boom and bust

Introduction In the last few months, several South Australian residential building companies have collapsed, leaving behind a trail of debts. Behind every collapse is concealed the pain of the suppliers and subbies. The devastating financial impact is likely to be felt for years to come.  None of this is new.  For decades, builders have come […]

The Delaminating Disaster

Introduction The 28 February 2019 decision as to liability for the Lacrosse Tower fires of November 2014 will send shockwaves through the construction industry.[1] The fire was caused by a discarded cigarette butt that ultimately ignited Aluminium Composite Panelling (“ACP”) on the façade of the 21 storey apartment block.  The industry has been waiting with […]