Exceptions To Limitation Periods For Defective Building Work

The 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).

Builder’s Beware! Get Variations In Writing To Recover Payment!

The 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).

What Are Protection Works And What Is Involved In A Protection Works Notice?

If 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.

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