IMPORTANT CHANGES TO SERVICE OF NOTICES UNDER THE BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999

(FAX NOT PROPER SERVICE ANYMORE)   You can now serve notices (i.e. Payment Claims, Payment Schedules, Statutory Notices, Adjudication Applications etc) by way of email and the ability to serve any such notices by facsimile has been removed except where you contract provides for service by facsimile.   The above has been brought about by [...]

SIGNIFICANT CHANGES TO NSW BUILDING DEFECT LEGISLATION

The Home Building Amendment Act 2014 comprised of various amendments to the Home Building Act 1989. These changes commenced on 15 January 2015. There is no longer a distinction between structural and non-structural defects. There is now the two different categories of general defects and major defects. Under the Act, major defects will attract a [...]

By |October 27th, 2015|Articles, Uncategorized|Comments Off on SIGNIFICANT CHANGES TO NSW BUILDING DEFECT LEGISLATION

DISPUTES WITH YOUR BUILDER OVER HOME BUILDING DEFECTS

It is common for disputes to take place when you are in the process of building or renovating your home. These disputes may be minor or major. Major disputes often require the intervention of specialised building disputes lawyers in order for a resolution to be reached. Often the cause of these disputes are building defects [...]

By |October 27th, 2015|Articles, Uncategorized|Comments Off on DISPUTES WITH YOUR BUILDER OVER HOME BUILDING DEFECTS

RESOLVING DOMESTIC BUILDING DISPUTES

In most Australian states there is a dedicated Act of Parliament that regulates all domestic building contracts. In New South Wales the Act is the Home Building Act 1989 (NSW). Further, these Acts generally refer the resolution of any building disputes to the relevant tribunal in that state. In New South Wales, most disputes with [...]

By |October 27th, 2015|Articles, Uncategorized|Comments Off on RESOLVING DOMESTIC BUILDING DISPUTES

Security of Payment Changes Retention Money

CTI Lawyers Alert – Building and Construction Industry Security of Payment Amendment On 1 May 2015, the Building and Construction Industry Security of Payment Amendment (Retention Money Trust Account) Regulation 2015 (“the Amendment Regulation) will take effect. This is available on the NSW Government’s legislation website (www.legislation.nsw.gov.au). Click here for a copy of the Draft [...]

New NSW cash retention scheme to commence in early 2015

In New South Wales, a “ground-breaking” cash retention trust scheme will be established to ensure construction companies are prevented from using cash retention monies for purposes other than rectifying defects in the contract defects liability period. The scheme will particularly protect subcontractors in the industry from collapsing construction companies and the infamous “phoenix companies” who [...]

Statutory Demands

Statutory Demand Fact Sheet – CTI Lawyers What is a Statutory Demand? This is an initiating process in Winding up a Company. A Statutory Demand is a demand made under 459E of the Corporations Act 2001 (Cth). This document is not issued by the Court. A Statutory Demand requires that the Company pay a specified [...]

Don’t get ripped off by Phoenix Companies!

Don’t get ripped off by Phoenix Companies! There has been a recent crackdown on the construction industry relating to ‘phoenix companies’. A phoenix company relates to companies who suddenly shutdown their company with the intent to evade outstanding debts and then start trading again under a new company. The new company is often operated under [...]