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ARTICLE · 02 DECEMBER 2022

Design and Building Practitioners Act 2020 (NSW) in practice

Bartier Perry Solicitors
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The Act represents a fundamental change in the principles and scope of liability for defective construction work.

AustraliaReal Estate and Construction
David Creais
David Creais
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A fundamental shift in who carries risk.

The Design and Building Practitioners Act ("the Act") has been described by the Supreme Court of NSW as "labyrinthine" and "fiendishly difficult" to interpret. Recent events show that these may be understatements.

Background

The Act is one result of the Shergold Weir Report, commissioned in mid-2017 following the Lacrosse and Grenfell Tower fires. The report identified serious and widespread compliance failures in the NSW construction industry, including the implementation of the National Construction Code and a lack of clarity around accountability.

Following the report, the NSW Government announced its intention to implement four major reforms across the construction industry. The duty of care provisions of the Design and Building Practitioners Act are one of those reforms.

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