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ARTICLE · 17 FEBRUARY 2015

Building & Construction Industry Update: NSW & Qld

ClarkeKann Lawyers
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All members of the building and construction industry in NSW and Queensland should be aware of these significant reforms.

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New South Wales

On 4 December 2014, Mark Secivanovic and Feda Dabbagh from our Sydney Litigation team and barrister Francois Salama presented an evening seminar on recent changes in the NSW building and construction industry, including changes under the Home Building Amendment Act ("Home Building Act"), and recent changes to the Building and Construction Security of Payments Act ("Security of Payments Act").

The main changes under the Home Building Act are:

  • the requirement to pay a 10% deposit for all contracts for residential building work (even those over $20,000);
  • structural defects are now classed as "major defects" and include "major elements of a building"; and
  • builders can claim a defence where statutory warranties are breached if they have received instructions from another professional.

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