Building Disputes and the Home Building Act
As a consequence of NSW’s Government significant investment in metropolitan and regional infrastructure to support growth and new measures designed to improve housing affordability, residential building across NSW has surged. This useful seminar brings together renowned experts in the residential building field to provide a timely update on the Home Building Act as it applies to building disputes involving residential building work in NSW.
Description
Attend and earn 4 CPD units in Substantive Law
This seminar was recorded in NSW on 9 November 2018
Chair: Peter Callaghan SC, Nigel Bowen Chambers
9.00am to 9.20am: Opening Address: Insights with Regards Home Building Act Disputes
Presented by Kim Rosser, Principal Member, NSW Civil & Administrative Tribunal
9.20am to 10.05am: Breach of Contract and Statutory Warranty and Dealing with Defective or Incomplete Building
- Where the standard contracts have been used incorrectly and breached rules
- Incorrect usage of notices that are invalid because they fail to comply with the contract
- Home Building Act: When does the defective work fall under the Home Building Act?
- When work is or isn’t defective and what constitutes a major defect: section 18E
- Limitation periods and seeking leave outside the limitation period
Presented by Tom Davie, Barrister, Queen’s Square Chambers, author, Annotated Home Building Act, Prospect Media, 2000 and co-author, Understanding Construction Law, LexisNexis, 2015
10.05am to 10.50am: Quantum Meruit Claims
- The requirement for a written agreement for residential building works under the Home Building Act, including for variations or additional works
- The law as to the entitlement to a restitutionary quantum meruit
- Claims by subcontractors and third party suppliers
- The methodology for quantification of claims: actual cost and or reasonable value of works
Presented by Frank Hicks SC, Greenway Chambers
10.50 to 11.05 Morning Tea
11.05am to 11.45am: Subcontractors Beware: s18D(1A) of the HBA and the Non-Contracting Owner
- History of the amendment
- Who gets the rights out of the amendment
- Potential traps and pitfalls
Presented by Timothy Bland, Barrister, Hunter Street Chambers and Trust Chambers
11.45am to 12.30pm: Seeking Relief outside the Home Building Act
- Professional negligence of design professionals
- Australian Consumer law
- Product failure
- Other warranties
Presented by Marjorie Miller, Senior Associate, K&L Gates
12.30pm to 1.10pm: Statutory Warranty Claims and Home Warranty Insurance Claims
- Alternative indemnity products under Part 6B of the Home Building Act
- Construction period insurance contracts and warranty period insurance contracts
- Requirement for diligent pursuit of enforcement of statutory warranties
- Home warranty insurance cover for rectification of existing works
- Rights of non-contracting owners
- Claims by predecessors in title
- Statutory duties of persons entitled to statutory warranties under s18BA of the Home Building Act
Presented by Daren Curry, Partner, Mills Oakley
1.10pm to 1.15pm Final Q&A and Closing Comments by the Chair