NEW SOUTH WALES INDUSTRY UPDATE CONSTRUCTION DEFECTS LEGISLATION CHANGES

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "NEW SOUTH WALES INDUSTRY UPDATE CONSTRUCTION DEFECTS LEGISLATION CHANGES"

Transcription

1 NEW SOUTH WALES INDUSTRY UPDATE CONSTRUCTION DEFECTS LEGISLATION CHANGES Building & Construction Corporate & Commercial Commercial Litigation Debt Collection General Litigation Insolvency Insurance Local Government Planning Property Strata, Body Corporate & Community Strata, Body Corporate & Community Litigation HOME BUILDING ACT LEGISLATION CHANGES On 28 May 2014, the NSW Parliament passed amendments to the Home Building Act These amendments will take effect on a date to be proclaimed. In July Parliament also prepared changes to the Regulations and have highlighted that they may be enacted on 1 December 2014 (however, the Minister is yet to confirm this date). The main amendments are set out below. New Section Time limitation period - Date of completion 3C Date of completion of new buildings in strata schemes (1) This section applies to residential building work comprising the construction of a new building in a strata scheme (within the meaning of the Strata Schemes Management Act 1996) where the issue of an occupation certificate is required to authorise commencement of the use or occupation of the building. Note. Section 3B provides for the date of completion of other residential building work. (2) The completion of residential building work to which this section applies occurs on: the date of issue of an occupation certificate that authorises the occupation and use of the whole of the building, unless paragraph applies, or the occurrence of some other event that is prescribed by the regulations as constituting completion of the work. (3) If a contract to do residential building work (the primary contract) comprises the construction of 2 or more separate buildings, the date of completion of that work is to be determined as if there were a separate contract for each separate building (with each contract on the same terms as the primary contract) so that the work for each building will have a separate completion date. For the purposes of this section, a building is separate if it is reasonably capable of being used and occupied separately from any other building. Grace Lawyers - Know.Act.Resolve Sydney Melbourne Brisbane Canberra 2014 GRACE LAWYERS PTY LIMITED

2 Note. Separate buildings can still have the same completion date if they are completed at the same time. (4) This section applies for the purpose of determining when completion of residential building work occurs for the purposes of any provision of this Act, the regulations or a contract of insurance under the Home Building Compensation Fund. (5) In this section: building means any structure that, as a new building, requires the issue of an occupation certificate to authorise its use and occupation. occupation certificate means an occupation certificate under the Environmental Planning and Assessment Act Note. A swimming pool, tennis court or detached garage can be a building for the purposes of this section if an occupation certificate is required to authorise its use and occupation. If a structure in a strata scheme does not require an occupation certificate, section 3B will apply to it instead of section 3C. The time limitation period to make a claim in relation to defects is based on the date of completion of the building work, i.e. X years from the date of completion of the building work. Previously, section 3B provided when the building work was completed and it was not a single date and subject to some interpretation (in some cases). The date of completion has been changed with respect to strata schemes. The date of completion is now the date when the occupation certificate is issued. An occupation certificate is a certificate issued by the accredited certifier stating that the building is suitable for occupation. However, if there is more than one building, there may be different dates of completion for different buildings. In our view, the date of completion of the different buildings will be the date when the interim occupation certificate is issued for that building (if any). The effect is that the time limitation period to make a claim in relation to defects may be different from what is currently the case or in the situation of multiple buildings there may be multiple dates. This amendment does not apply to current legal proceedings or home owners warranty insurance claims.

3 New Section Time limitation period "Major defect Major defect means: a defect in a major element of a building that is attributable to defective design, defective or faulty workmanship, defective materials, or a failure to comply with the structural performance requirements of the National Construction Code (or any combination of these), and that causes, or is likely to cause: (i) (ii) (iii) the inability to inhabit or use the building (or part of the building) for its intended purpose, or the destruction of the building or any part of the building, or a threat of collapse of the building or any part of the building, or a defect of a kind that is prescribed by the regulations as a major defect. Note. The definition of major defect also applies for the purposes of section 103B (Period of cover). major element of a building means: (c) (d) an internal or external load-bearing component of a building that is essential to the stability of the building, or any part of it (including but not limited to foundations and footings, floors, walls, roofs, columns and beams), or a fire safety system, or waterproofing, or any other element that is prescribed by the regulations as a major element of a building. The time limitation period for the following claims is 6 years for "structural defects" and 2 years for "non- structural defects": 1. A home owners warranty insurance claim under a last resort policy. 2. A claim for a breach of the statutory warranties where the building contract was entered into on or after 2 February Note: This applies to new buildings only. The term "structural defect" has been replaced with the term "major defect".

4 A "major defect includes defects to the following parts of the building: 1. A load bearing component that is essential to the stability of the building, or any part of it (including but not limited to foundations and footings, floors, walls, roofs, columns and beams). 2. A fire safety system. 3. Waterproofing. In addition, a major defect must have the following consequences: 1. The inability to inhabit or use the building (or part of the building) for the intended purpose. 2. The destruction (emphasis added) of the building (or part of the building). 3. A threat of collapse of the building (or part of the building). The following types of defects are major defects : 1. Structural defects. 2. Water leaks. 3. Fire safety defects. However, it is unclear what defects are included in these categories. This depends on the meaning of the word destruction. In our view, destruction should be interpreted to mean that part of the building does not function properly and needs to be replaced. For example, a window leaks and therefore the window needs to be replaced. However, there is a risk that major defect will be considered to include defects that have significant consequences. If this is the case, the limitation period will be reduced to 2 years for some defects that currently would have a 6 year warranty. The Regulations do not provide any guidance regarding the meaning of major defect. The risks There is a risk that the time limitation period will be reduced to 2 years for some defects that would currently be categorised as a 6 year period defect. If the Courts or Tribunal interpret

5 major defect to mean defects that have significant consequences, there is a risk that some owners corporations will need to initiate legal proceedings within 2 years for most defects. This amendment does not apply to current legal proceedings or current home owners warranty insurance claims. Statutory warranties The phrase "performed in a proper and workmanlike manner in the statutory warranties contained in section 18B of the Home Building Act 1989 has been replaced with the phrase done with due care and skill. In our view, the amendment has the same effect. We note that the new phrase is the same as the phrase used in the legislation in other states and territories. This amendment does not apply to current legal proceedings or current home owners warranty insurance claims. Owners corporation must notify builder and developer of a defect within 6 months New Section Section 18BA Duties of person having benefit of statutory warranty (1) Breach of a statutory warranty implied in a contract constitutes a breach of the contract and accordingly: a party to the contract who suffers loss arising from the breach has a duty to mitigate their loss, and the onus of establishing a failure to mitigate loss is on the party alleging the failure.

6 (2) The duty of a party to a contract to mitigate loss in respect of a breach of a statutory warranty extends to a person who has the benefit of the statutory warranty or who is entitled to the same rights as those that a party to the contract has in respect of the statutory warranty. (3) The following duties apply to a person who has the benefit of a statutory warranty but do not limit any duty the person has to mitigate loss arising from breach of a statutory warranty: when a breach of the statutory warranty becomes apparent, the person must make reasonable efforts to ensure that a person against whom the warranty can be enforced is given notice in writing of the breach within 6 months after the breach becomes apparent, the person must not unreasonably refuse a person who is in breach of the statutory warranty such access to the residential building work concerned as that person may reasonably require for the purpose of or in connection with rectifying the breach (the duty to allow reasonable access). (4) A breach of warranty becomes apparent for the purposes of this section when any person entitled to the benefit of the warranty first becomes aware (or ought reasonably to have become aware) of the breach. (5) If a failure to comply with a duty under this section is established in proceedings before a court or tribunal concerning a breach of a statutory warranty, the failure is a matter that the court or tribunal may take into account. If the failure is a failure to comply with the duty to allow reasonable access, the court or tribunal must take the failure into account. There is a new requirement for an owner to notify the builder and developer of a defect within 6 months of becoming aware of the defect. The owner will be considered to be aware of a defect when the owners corporation becomes aware or ought reasonably have become aware of the breach. Cyril Smith & Associates Pty Ltd v The Owners-Strata Plan No [2011] NSWCA 181 held that an owner will become aware of a defect when the owner becomes aware of physical damage caused by the defect. In our view, similar principles will apply to section 18BA. Owners corporations should notify the builder and developer of a defect as soon as possible to preserve legal rights. Owners corporations must also provide the builder and developer with reasonable access to inspect the defect and rectify the defect unless there are reasonable grounds, i.e. the builder does not have a contractor s licence or has previously carried out defective rectification work.

7 This amendment applies to building contracts entered into after the amendments only. Therefore, an owners corporation does not need to notify the builder of defects in existing buildings under this clause. New Section Section 18F Defences New defence: Apportionment (1) In proceedings for a breach of a statutory warranty, it is a defence for the defendant to prove that the deficiencies of which the plaintiff complains arise from: instructions given by the person for whom the work was contracted to be done contrary to the advice of the defendant or person who did the work, being advice given in writing before the work was done, or reasonable reliance by the defendant on instructions given by a person who is a relevant professional acting for the person for whom the work was contracted to be done and who is independent of the defendant, being instructions given in writing before the work was done or confirmed in writing after the work was done. (2) A relevant professional is independent of the defendant if the relevant professional was not engaged by the defendant to provide any service or do any work for the defendant in connection with the residential building work concerned. (3) A relevant professional is not independent of the defendant if it is established that the relevant professional: was engaged on the basis of a recommendation or referral of the defendant to act for the person for whom the work was contracted to be done, or is, or was within 3 years before the relevant instructions were given, a close associate of the defendant. (4) In this section, relevant professional means a person who: represents himself or herself to be an architect, engineer or surveyor, or

8 (c) represents himself or herself to have expert or specialised qualifications or knowledge in respect of residential building work or any particular aspect of residential building work, or represents himself or herself to be engaged in a profession or to possess a qualification that is recognised by the regulations as qualifying a person as a relevant professional. Builders have a greater defence if the builder relied on instructions given by another party to carry out the building work. The Builder has a defence if the instructions are given by the following parties: 1. The instructions are given by the developer in writing before the work was done. 2. The instructions are given in writing by a consultant (e.g. an architect or engineer) acting for the developer who is independent from the builder and the instructions are given in writing either before the work was done or confirmed after the work has been completed. A builder may have a defence if the builder relied on instructions given by another party. Therefore, an owners corporation may need to consider joining other parties to recover 100% of the damages. This amendment applies to building contracts entered into after the amendments only. The amendment does not apply to current legal proceedings. Section Tribunal's powers Section 48MA Rectification of defective work is preferred outcome in proceedings A court or tribunal determining a building claim involving an allegation of defective residential building work or specialist work by a party to the proceedings (the responsible party) is to have regard to the principle that rectification of the defective work by the responsible party is the preferred outcome. Section 48O(2) Powers of Tribunal The Tribunal can make an order even if it is not the order that the applicant asked for.

9 The Tribunal has greater powers to make an order that a builder carry out rectification work. Generally, the Tribunal will make an order that the builder rectify the defects unless there are reasonable grounds, i.e. the builder does not have a contractor s licence or has previously carried out defective rectification work. This amendment does not apply to current legal proceedings or current home owners warranty insurance claims. However, the Tribunal currently has some powers to make an order that the builder carry out rectification work anyway.

Policy of Insurance under the HBCF (Home Building Compensation Fund)

Policy of Insurance under the HBCF (Home Building Compensation Fund) Policy of Insurance under the HBCF (Home Building Compensation Fund) How to read the policy (i) The policy covers you for the types of loss, and for the amounts of loss, described in clause 1. (ii) Clause

More information

Home Warranty Insurance Why is it such a mess?

Home Warranty Insurance Why is it such a mess? Home Warranty Insurance Why is it such a mess? Presenter David Bannerman 10 February 2015 T (02) 9929 0226 F (02) 8920 2427 M 0403 738 996 E dbannerman@bannermans.com.au A Suite 702, 2 Elizabeth Plaza,

More information

Important Changes to the Home Building Amendment Act

Important Changes to the Home Building Amendment Act Important Changes to the Home Building Amendment Act Welcome presenter David Bannerman date 25 March 2015 Liability limited by a scheme approved under Professional Standards Legislation Home Building Amendment

More information

Kerin Benson Lawyers Fact Sheet 4

Kerin Benson Lawyers Fact Sheet 4 Kerin Benson Lawyers Fact Sheet 4 Statutory Warranties and Residential Building Insurance Executive Summary Statutory Structural and Non- Completion is no later Available to successors in Primarily address

More information

Home Building Amendment Act 2011 No 52

Home Building Amendment Act 2011 No 52 New South Wales Home Building Amendment Act 2011 No 52 Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Home Building Act 1989 No 147 3 Schedule 2 Amendment of Civil Liability Act

More information

Recent changes to the Home Building Act, 1989 and Home Warranty Insurance

Recent changes to the Home Building Act, 1989 and Home Warranty Insurance Recent changes to the Home Building Act, 1989 and Home Warranty Insurance David Andrews and Colin Grace Grace Lawyers Pty Ltd a legislative scheme intended to provide significant rights to consumers in

More information

An issues paper on a Review of the Residential Building Cover Package. Residential Building Cover Review Panel

An issues paper on a Review of the Residential Building Cover Package. Residential Building Cover Review Panel An issues paper on a Review of the Residential Building Cover Package Residential Building Cover Review Panel August 2013 BACKGROUND The Minister for Lands, Planning, and the Environment announced on 19

More information

Home Building Amendment (Insurance) Act 2009 No 24

Home Building Amendment (Insurance) Act 2009 No 24 New South Wales Home Building Amendment (Insurance) Act 2009 No 24 Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Home Building Act 1989 No 147 3 Schedule 2 Amendment of Home Building

More information

Home Building Amendment (Warranties and Insurance) Act 2010 No 53

Home Building Amendment (Warranties and Insurance) Act 2010 No 53 New South Wales Home Building Amendment (Warranties and Insurance) Act 2010 No 53 Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Home Building Act 1989 No 147 3 New South Wales

More information

NSW Residential Construction Warranty Insurance

NSW Residential Construction Warranty Insurance NSW Residential Construction Warranty Insurance Important Notices The policy is made up of this policy wording, any endorsements and the certificate of insurance. You should read those documents together,

More information

QBE BUILDERS WARRANTY. Owner Builders Warranty INSURANCE PROPOSAL. Application Form Information Sheet PROPOSAL

QBE BUILDERS WARRANTY. Owner Builders Warranty INSURANCE PROPOSAL. Application Form Information Sheet PROPOSAL QBE BUILDERS WARRANTY Owner Builders Warranty INSURANCE PROPOSAL Application Form Information Sheet PROPOSAL Residential Builders Warranty Insurance Application Form Information Sheet Insurance Coverage

More information

Owner-Builder VIC Resıdentıal Constructıon Warranty Insurance

Owner-Builder VIC Resıdentıal Constructıon Warranty Insurance Owner-Builder VIC Resıdentıal Constructıon Warranty Insurance Important Notices The policy is made up of this policy wording, any endorsements and the certificate of insurance. You should read those documents

More information

Becoming an owner-builder

Becoming an owner-builder Becoming an owner-builder An owner builder is an individual who does owner builder work and holds a permit for that work under the authority of a permit issued by NSW Fair Trading. What is owner-builder

More information

NOTICE FOR THE HOME OWNER

NOTICE FOR THE HOME OWNER Government of Western Australia Department of Commerce NOTICE FOR THE HOME OWNER Schedule 1 Home Building Contracts Regulations 1992 The Notice for the Home Owner is a requirement under the Home Building

More information

Home Warranty Insurance Policy Domestic Building work by Builder (Victoria)

Home Warranty Insurance Policy Domestic Building work by Builder (Victoria) Home Warranty Insurance Policy Domestic Building work by Builder (Victoria) Lumley General Insurance Limited ABN 24 000 036 279 Lumley House, Level 9, 309 Kent St, Sydney NSW 2000 Ph: (02) 9248 1111 Fax:

More information

Home Warranty Insurance Claim Form

Home Warranty Insurance Claim Form Home Warranty Insurance Claim Form General WFI Insurance Limited (ABN 24 000 036 279) trading as Lumley Insurance offers Builders Home Warranty Insurance to owner Builders and Licensed Builders in the

More information

qbcc Insurance Policy Conditions Edition 8 1 queensland building and construction commission

qbcc Insurance Policy Conditions Edition 8 1 queensland building and construction commission qbcc queensland building and construction commission Insurance Policy Conditions Edition 8 1 Effective 1 July 2009 Dear Homeowner, These documents are your Home Warranty Insurance Policy and Insurance

More information

Home Warranty Insurance Policy

Home Warranty Insurance Policy Home Warranty Insurance Policy Residential Building Work performed by a Licensed Contractor or Developer and Supply of a Kit Home New South Wales Underwritten by Wesfarmers General Insurance Limited Trading

More information

Building Work Contractors Act 1995

Building Work Contractors Act 1995 Version: 21.11.2015 South Australia Building Work Contractors Act 1995 An Act to regulate building work contractors and the supervision of building work; and for other purposes. Contents Part 1 Preliminary

More information

Small Business Grants (Employment Incentive) Act 2015 No 14

Small Business Grants (Employment Incentive) Act 2015 No 14 New South Wales Small Business Grants (Employment Incentive) Act 2015 No 14 Contents Page Part 1 Part 2 Preliminary 1 Name of Act 2 2 Commencement 2 3 Object of Act 2 4 Definitions 2 Grant scheme 5 Grant

More information

Home Warranty Insurance Claim form

Home Warranty Insurance Claim form IMPORTANT INFORMATION Please read this first Home Warranty Insurance Claim form Making a claim Upon receipt of the completed claim form and all prescribed information, your claim will be checked to ensure

More information

Defending Against Negligent Inspections Claims: Best Practices to Reduce Costly Actions

Defending Against Negligent Inspections Claims: Best Practices to Reduce Costly Actions Defending Against Negligent Inspections Claims: Best Practices to Reduce Costly Actions Andrew J. Heal, LL.M. 416.583.5901 aheal@healandco.com Larry Ptashynski Manager of Inspections City of Vaughan 905.832.8511

More information

Casino, Liquor and Gaming Control Authority Act 2007 No 91

Casino, Liquor and Gaming Control Authority Act 2007 No 91 New South Wales Casino, Liquor and Gaming Control Authority Act 2007 No 91 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Definitions 2 4 Meaning of gaming and liquor legislation

More information

Home Warranty Insurance Policy

Home Warranty Insurance Policy Home Warranty Insurance Policy Residential Building Work performed by an Owner Builder New South Wales Underwritten by Wesfarmers General Insurance Limited, trading as Lumley General ABN 24 000 036 279

More information

Consumer Protection (Fair Trading) (Amendment) Bill

Consumer Protection (Fair Trading) (Amendment) Bill Consumer Protection (Fair Trading) (Amendment) Bill Bill No. /2012. Read the first time on. 2012. A BILL intituled An Act to amend the Consumer Protection (Fair Trading) Act (Chapter 52A of the 2009 Revised

More information

Queensland building work enforcement guidelines

Queensland building work enforcement guidelines Queensland building work enforcement guidelines Achieving compliance of building work with the provisions of the Building Act 1975 and the Integrated Planning Act 1997 Effective 1 September 2002 Contents

More information

VIC - Owner Builder - Home Warranty Insurance Application Form

VIC - Owner Builder - Home Warranty Insurance Application Form Commercial & General Insurance Brokers (Aust) Pty Ltd Suite 4, 1016 Doncaster Road Doncaster East Victoria 3109 Phone: 1300 764 244 Fax: 03 8841 4299 Email: home.warranty@cgib.com.au Web: www.cgib.com.au

More information

HIGH COURT DECISION - BUILDERS NEGLIGENCE OWNERS CORPORATION LOSES ALL RIGHTS: What are the implications for QLD Bodies Corporate?

HIGH COURT DECISION - BUILDERS NEGLIGENCE OWNERS CORPORATION LOSES ALL RIGHTS: What are the implications for QLD Bodies Corporate? Building & Construction Corporate & Commercial Commercial Litigation Debt Collection General Litigation Insolvency Insurance Local Government Planning Property Strata, Body Corporate & Community Strata,

More information

Community Housing Providers (Adoption of National Law) Bill 2012

Community Housing Providers (Adoption of National Law) Bill 2012 Passed by both Houses [] New South Wales Community Housing Providers (Adoption of National Law) Bill 2012 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 4 Definitions

More information

13. Liability of Company Directors

13. Liability of Company Directors 13. Liability of Company Directors Director s Liability Many domestic builders are one-man companies, being incorporated entities with a single director. Section 176 (2A) of the Building Act 1993 states:

More information

Building Indemnity Insurance - South Australia Policy Wording

Building Indemnity Insurance - South Australia Policy Wording Building Indemnity Insurance - South Australia Policy Wording CBW BII SA 1213 Effective Date 01 December 2013 Welcome to the financial security provided by Calliden Building Indemnity Insurance - South

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

NEW HOME BUYER PROTECTION (GENERAL) REGULATION

NEW HOME BUYER PROTECTION (GENERAL) REGULATION Province of Alberta NEW HOME BUYER PROTECTION ACT NEW HOME BUYER PROTECTION (GENERAL) REGULATION Alberta Regulation 211/2013 With amendments up to and including Alberta Regulation 31/2015 Office Consolidation

More information

Limitation of Liability

Limitation of Liability Limitation of Liability Submission to the Attorney-General (Western Australia) July 2000 The Institution of Engineers, Australia Institution of Engineers, Australia 11 National Circuit, Barton, ACT, 2604

More information

APPLICATION FOR ELIGIBILITY FOR DOMESTIC BUILDING INSURANCE

APPLICATION FOR ELIGIBILITY FOR DOMESTIC BUILDING INSURANCE VIC - Builders Warranty Insurance Business with Turnover below $5m Application Form Commercial & General Insurance Brokers (Aust) Pty Ltd Suite 4, 1016 Doncaster Road Doncaster East Victoria 3109 Phone:

More information

Date Adopted: C114, 25 June 2012 Last reviewed C1071, 11 March 2014 Next Review Date: Annual (mandatory); March 2015 ECM Doc Set I.D.

Date Adopted: C114, 25 June 2012 Last reviewed C1071, 11 March 2014 Next Review Date: Annual (mandatory); March 2015 ECM Doc Set I.D. Building & Swimming Pool Inspection Policy Policy Type: Responsible Department: Responsible Officer: Legislation Related Policies and Procedures Council policy Development General Manager, Economic Development

More information

Australian Proportionate Liability Regime

Australian Proportionate Liability Regime Australian Proportionate Liability Regime May 2014 16 NOVEMBER 2011 Curwoods Lawyers Australia Square Plaza Building Level 9, 95 Pitt Street SYDNEY NSW 2000 t +61 2 9231 4166 f +61 2 9221 3720 CURWOODS

More information

Residential Long Leaseholders. A guide to your rights and responsibilities

Residential Long Leaseholders. A guide to your rights and responsibilities Residential Long Leaseholders A guide to your rights and responsibilities Contents Introduction 5 1 2 3 4 5 6 7 8 9 10 11 Leasehold flats & houses A summary of your rights & responsibilities 7 Leasehold

More information

QUEENSLAND ELECTRICAL CONTRACTORS CONSUMER PROTECTION ENDORSEMENT

QUEENSLAND ELECTRICAL CONTRACTORS CONSUMER PROTECTION ENDORSEMENT QUEENSLAND ELECTRICAL CONTRACTORS CONSUMER PROTECTION ENDORSEMENT This endorsement together with the CGU Business Insurance Policy CV231 REV2 3/08 comprises the terms and conditions of the Queensland Electrical

More information

Queensland Building and Construction Commission and Other Legislation Amendment Bill 2014

Queensland Building and Construction Commission and Other Legislation Amendment Bill 2014 Queensland Building and Construction Commission and Other Legislation Amendment Bill 2014 Explanatory Notes Short title The short title of the Bill is the Queensland Building and Construction Commission

More information

FIRE SAFETY INFORMATION FACT SHEET

FIRE SAFETY INFORMATION FACT SHEET Disclaimers: This information was believed to be correct at the date of its publication. This information is for general information purposes only and should not be relied upon for legal advice. FIRE SAFETY

More information

Professional Indemnity Select

Professional Indemnity Select Allianz Insurance plc Professional Indemnity Select Cover Overview Professional Indemnity Select Cover Overview Contents Thank you for choosing Allianz Insurance plc. We are one of the largest general

More information

Professional Indemnity Select

Professional Indemnity Select Allianz Insurance plc Professional Indemnity Select Policy Overview Policy Overview Professional Indemnity Select Contents Thank you for choosing Allianz Insurance plc. We are one of the largest general

More information

DOMESTIC VIOLENCE ORDERS (NATIONAL RECOGNITION) BILL 2016

DOMESTIC VIOLENCE ORDERS (NATIONAL RECOGNITION) BILL 2016 TASMANIA DOMESTIC VIOLENCE ORDERS (NATIONAL RECOGNITION) BILL 2016 PART 1 PRELIMINARY 1. Short title 2. Commencement 3. Object of Act 4. Interpretation 5. Local DVO 6. Interstate DVO 7. Registered foreign

More information

OWNER BUILDER AS AN WHAT ARE MY RESPONSIBILITIES UNDER THE DEVELOPMENT ACT 1993

OWNER BUILDER AS AN WHAT ARE MY RESPONSIBILITIES UNDER THE DEVELOPMENT ACT 1993 AS AN OWNER BUILDER building work? What records should I keep? Is insurance required? W I need approval for? What do I need approval for? How do I obtain building work? How do I obtain approval? What records

More information

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

Contents. Finding A Builder...9. Subcontractors...9 Quotes And Estimates...10. Owner Builders...11 Once Decided On A Builder...11

Contents. Finding A Builder...9. Subcontractors...9 Quotes And Estimates...10. Owner Builders...11 Once Decided On A Builder...11 Contents Flow Chart for Typical Residential Building...5 Preparing Plans...6 Does My Work Require Development or Building Approval?...6 How Do I Get Development Approval?...6 How Do I Get Building Approval?...6

More information

Suzanne Kupsch. Dawson Chambers Room 5, 405 Little Bourke Street Melbourne Victoria T: + 61 3 9229 5022 List Y: +61 3 9225 6777

Suzanne Kupsch. Dawson Chambers Room 5, 405 Little Bourke Street Melbourne Victoria T: + 61 3 9229 5022 List Y: +61 3 9225 6777 Suzanne Kupsch Dawson Chambers Room 5, 405 Little Bourke Street Melbourne Victoria T: + 61 3 9229 5022 List Y: +61 3 9225 6777 Admission Admitted to practice as a barrister & solicitor on 6 March 2000

More information

Finding and working with a Chartered Architectural Technologist

Finding and working with a Chartered Architectural Technologist Finding and working with a Chartered Architectural Technologist 1 This booklet is is intended for for domestic and and residential residential projects, Chartered Architectural Technologists are are qualified

More information

OBJECTS AND REASONS. (a) the regulation of the collection, keeping, processing, use or dissemination of personal data;

OBJECTS AND REASONS. (a) the regulation of the collection, keeping, processing, use or dissemination of personal data; OBJECTS AND REASONS This Bill would provide for (a) the regulation of the collection, keeping, processing, use or dissemination of personal data; (b) the protection of the privacy of individuals in relation

More information

(Individual Licensee)

(Individual Licensee) Date: Name: ABN (if applicable): Address: (Individual Licensee) Offer Letter - HEAL Program Individual Licensee South Western Sydney Primary Health Network Limited (SWSPHN) in association with ESSA has

More information

BUILDER AGREEMENT THIS BUILDER AGREEMENT DATED:... /... / 20...

BUILDER AGREEMENT THIS BUILDER AGREEMENT DATED:... /... / 20... Page 1 of 7 BUILDER AGREEMENT THIS BUILDER AGREEMENT DATED:... /... / 20... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

More information

2015 No. XXXX ENERGY, ENGLAND HOUSING, ENGLAND. The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

2015 No. XXXX ENERGY, ENGLAND HOUSING, ENGLAND. The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 Draft Regulations laid before Parliament under section 150(9) of the Energy Act 2013 and section 250(6)(f) of the Housing Act 2004, for approval by resolution of each House of Parliament. D R A F T S T

More information

SCHEDULE F-1 1-2-5-10 HOME WARRANTY INSURANCE POLICY

SCHEDULE F-1 1-2-5-10 HOME WARRANTY INSURANCE POLICY Home Warranty Toll Free: 800.555.9431 Toll Free Fax: 877.762.7922 Travelers Insurance Company of Canada Suite #810, 540 5 th Avenue S.W. Calgary, AB T2P 0M2 www.travelerscanada.ca SCHEDULE F-1 1-2-5-10

More information

LESPERANCE MENDES. Suite 410, 900 Howe Street, Vancouver BC Canada V6Z 2M4 t 604-685-3567 f 604-685-7505 www.lmlaw.ca

LESPERANCE MENDES. Suite 410, 900 Howe Street, Vancouver BC Canada V6Z 2M4 t 604-685-3567 f 604-685-7505 www.lmlaw.ca Guide to 2-5-10 Warranties LESPERANCE MENDES Suite 410, 900 Howe Street, Vancouver BC Canada V6Z 2M4 t 604-685-3567 f 604-685-7505 www.lmlaw.ca LESPERANCE MENDES Guide to 2-5-10 Warranties The Homeowner

More information

Commercial Builders Structural Defects Insurance Policy (Victoria)

Commercial Builders Structural Defects Insurance Policy (Victoria) Commercial Builders Structural Defects Insurance Policy (Victoria) Commercial Builders Structural Defects Insurance Policy (VIC) CONTENTS SECTION 1 OPERATIVE CLAUSES 1 SECTION 2 EXTENSIONS 1 SECTION 3

More information

About this booklet. About VMIA. About QBE Australia. This booklet contains 2 separate parts: General Information and the Policy Terms and Conditions.

About this booklet. About VMIA. About QBE Australia. This booklet contains 2 separate parts: General Information and the Policy Terms and Conditions. About this booklet Some key words and terms used in this booklet have a special meaning. These key words are in bold to draw to your attention that they have a special meaning. The special meaning is contained

More information

QBE BUILDERS WARRANTY. Residential Builders Warranty INSURANCE CLAIM FORM CLAIM FORM

QBE BUILDERS WARRANTY. Residential Builders Warranty INSURANCE CLAIM FORM CLAIM FORM QBE BUILDERS WARRANTY Residential Builders Warranty INSURANCE CLAIM FORM CLAIM FORM Residential Builders Warranty Insurance Claim Form PRIVACY STATEMENT We are committed to safeguarding your privacy and

More information

Civil Law (Wrongs) (Proportionate Liability and Professional Standards) Amendment Act 2004

Civil Law (Wrongs) (Proportionate Liability and Professional Standards) Amendment Act 2004 Australian Capital Territory Civil Law (Wrongs) (Proportionate Liability and Professional Standards) Amendment Act 2004 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 New chapter

More information

NSW Self Insurance Corporation Amendment (Home Warranty Insurance) Act 2010 No 30

NSW Self Insurance Corporation Amendment (Home Warranty Insurance) Act 2010 No 30 New South Wales NSW Self Insurance Corporation Amendment (Home Warranty Insurance) Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of NSW Self Insurance Corporation Act 2004 No 106

More information

FOREIGN LAWYERS AND THE PRACTISE OF FOREIGN LAW IN AUSTRALIA

FOREIGN LAWYERS AND THE PRACTISE OF FOREIGN LAW IN AUSTRALIA FOREIGN LAWYERS AND THE PRACTISE OF FOREIGN LAW IN AUSTRALIA AN INFORMATION PAPER LAW COUNCIL OF AUSTRALIA Disclaimer This information paper has been prepared by the Law Council of Australia with the aim

More information

South Australia SECOND-HAND VEHICLE DEALERS ACT 1995

South Australia SECOND-HAND VEHICLE DEALERS ACT 1995 South Australia SECOND-HAND VEHICLE DEALERS ACT 1995 An Act to regulate dealing in second-hand motor vehicles; to repeal the Second-hand Motor Vehicles Act 1983; to amend the Magistrates Court Act 1991;

More information

Chartered Architectural Technologists: Client information for domestic projects

Chartered Architectural Technologists: Client information for domestic projects Chartered Architectural Technologists: Client information for domestic projects 1 Contents Section 0. (Pg. 1) Section 1. (Pg. 2) Section 2. (Pg. 3) Section 3. (Pg. 5) Section 4. (Pg. 9) Section 5. (Pg.

More information

Purchase Order Terms and Conditions

Purchase Order Terms and Conditions Wilmar Sugar Pty Ltd (ABN 44 081 051 792) Wilmar BioEthanol (Australia) Pty Ltd (ABN 85 009 660 191) (each referred to as Wilmar in this document) 1. Electronically Transmitted Purchase Order Documents

More information

I would like to apply for an Occupation Certificate now. I will apply for an Occupation Certificate at a later date.

I would like to apply for an Occupation Certificate now. I will apply for an Occupation Certificate at a later date. CONSTRUCTION & OCCUPATION CERTIFICATE APPLICATION Cootamundra Shire Council PRINCIPAL CERTIFYING AUTHORITY SERVICE AGREEMENT Sections 109C(1)(b), 109M(1), 81A, 81A(2), Environmental Planning & Assessment

More information

Regulated Mortgages. March 2012

Regulated Mortgages. March 2012 Regulated Mortgages March 2012 1 Introduction Since 31 October 2004, Regulated Mortgage Contracts have been subject to statutory control, supervised by the Financial Services Authority ("FSA"). Under Section

More information

CONTRACTORS: IT S YOUR BUSINESS TO UNDERSTAND THE NEW CONSUMER PROTECTION MEASURES.

CONTRACTORS: IT S YOUR BUSINESS TO UNDERSTAND THE NEW CONSUMER PROTECTION MEASURES. CONTRACTORS: IT S YOUR BUSINESS TO UNDERSTAND THE NEW CONSUMER PROTECTION MEASURES. Licensed Building Practitioners skills maintenance If you are a Licensed Building Practitioner (LBP) you can gain skills

More information

Asset Protection Agreement Templates - Customer Explanatory Notes. Explanatory Notes on Asset Protection Agreement

Asset Protection Agreement Templates - Customer Explanatory Notes. Explanatory Notes on Asset Protection Agreement Asset Protection Agreement Templates - Customer Explanatory Notes Explanatory Notes on Asset Protection Agreement Clause Heading Background The Asset Protection Agreement is intended for use where the

More information

NHBRC WARRANTY SCHEME ENROLMENTS AND REQUIREMENTS

NHBRC WARRANTY SCHEME ENROLMENTS AND REQUIREMENTS REPUBLIC OF SOUTH AFRICA National Department of Housing NHBRC WARRANTY SCHEME ENROLMENTS AND REQUIREMENTS Project Linked Greenfield Subsidy Project Developments Generic Specification GFSH-6 August 2002

More information

MODEL STANDING OFFER for a MICRO EMBEDDED GENERATOR BASIC CONNECTION SERVICE. Terms and Conditions

MODEL STANDING OFFER for a MICRO EMBEDDED GENERATOR BASIC CONNECTION SERVICE. Terms and Conditions MODEL STANDING OFFER for a MICRO EMBEDDED GENERATOR BASIC CONNECTION SERVICE Terms and Conditions July 2016 Document Amendment History Version No. Publication Date Prepared By Comments 0.1 May 2014 0.2

More information

New South Wales. 1 Name of Act 2 Commencement 3 Definitions 4 Who is a witness?

New South Wales. 1 Name of Act 2 Commencement 3 Definitions 4 Who is a witness? New South Wales Page 1 Name of Act 2 Commencement 3 Definitions 4 Who is a witness? 5 Witness protection program 5 6 Inclusion in the witness protection program 5 7 Assessing witness for inclusion in witness

More information

Home Indemnity Insurance - Western Australia Policy Wording

Home Indemnity Insurance - Western Australia Policy Wording Home Indemnity Insurance - Western Australia Policy Wording CBW HII WA 1213 Effective Date 01 December 2013 Welcome to the financial security provided by Calliden Home Indemnity Insurance - Western Australia

More information

Plumbing and Drainage Act 2011 No 59

Plumbing and Drainage Act 2011 No 59 New South Wales Plumbing and Drainage Act 2011 No 59 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Definitions 2 4 Plumbing and drainage work meaning 3 5 Responsible person

More information

Eligibility Application Form RBUA Builder Warranty Insurance (South Australia and Western Australia)

Eligibility Application Form RBUA Builder Warranty Insurance (South Australia and Western Australia) Eligibility Application Form RBUA Builder Warranty Insurance (South Australia and Western Australia) IMPORTANT NOTICES About Great Lakes Australia Great Lakes Reinsurance (UK) SE (ARBN 127 740 532, ABN

More information

Home Warranty Insurance - Victoria Insurance Policy

Home Warranty Insurance - Victoria Insurance Policy Home Warranty Insurance - Victoria Insurance Policy CBHWA VIC 1208 Effective Date 01 December 2008 Table of Contents Calliden Home Warranty Insurance - Victoria Insurance Policy Important Information 02

More information

A brief guide to professional negligence claims

A brief guide to professional negligence claims A brief guide to professional negligence claims Contents Introduction Do I have a claim? Important considerations Pre-action protocol procedure Court proceedings Contact information Introduction Claims

More information

DOMESTIC BUILDING INSURANCE

DOMESTIC BUILDING INSURANCE DOMESTIC BUILDING INSURANCE Insurance Policy QBE Insurance (Australia) Limited ABN 78 003 191 035 AFS Licence No. 239545 628 Bourke Street Melbourne VIC 3000 Telephone: 03 9246 2666 Facsimile: 03 9246

More information

2007 No. 991 BUILDING AND BUILDINGS, ENGLAND AND WALES

2007 No. 991 BUILDING AND BUILDINGS, ENGLAND AND WALES STATUTORY INSTRUMENTS 2007 No. 991 BUILDING AND BUILDINGS, ENGLAND AND WALES The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 Made - - - - 23rd March

More information

Contract of Sale of Real Estate

Contract of Sale of Real Estate WARNING TO ESTATE AGENTS DO NOT USE THIS CONTRACT FOR SALES OF OFF THE PLAN PROPERTIES UNLESS IT HAS BEEN PREPARED BY A LEGAL PRACTITIONER Copyright September 2014 Contract of Sale of Real Estate Part

More information

1.1 The vendor has no obligation to disclose to you whether there are any physical defects or the state and condition of any of the improvements.

1.1 The vendor has no obligation to disclose to you whether there are any physical defects or the state and condition of any of the improvements. 1. PHYSICAL STATE AND CONDITION OF THE PROPERTY 1.1 The vendor has no obligation to disclose to you whether there are any physical defects or the state and condition of any of the improvements. 1.2 The

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL

More information

Electrotech. Terms and Conditions of Quotation and Sale (November 2011)

Electrotech. Terms and Conditions of Quotation and Sale (November 2011) Electrotech AUSTRALIA Electrotech Australia Pty Limited ABN 99 002 989 531 37/9 Powells Road, Brookvale. Post Office Box 1054, Brookvale, NSW 2100, Australia. Telephone 61 2 9466 6807 Facsimile 61 2 9905

More information

Education Services for Overseas Students Act 2000

Education Services for Overseas Students Act 2000 Education Services for Overseas Students Act 2000 Act No. 164 of 2000 as amended This compilation was prepared on 17 December 2008 taking into account amendments up to Act No. 144 of 2008 The text of any

More information

Defective works: No duty of care decision

Defective works: No duty of care decision Defective works: No duty of care decision Daniel Russell and Scott Chambers This article was first published in the Law Society Journal August 2012 Vol 50 No. 7 Melbourne 1 Sydney Brisbane Contents In

More information

Presentation to SCSI Claims and Risk Management. 13 October 2011 By Tara Cosgrove Beale and Company Solicitors

Presentation to SCSI Claims and Risk Management. 13 October 2011 By Tara Cosgrove Beale and Company Solicitors Presentation to SCSI Claims and Risk Management 13 October 2011 By Tara Cosgrove Beale and Company Solicitors Elements of a Claim Considering any claim the court will consider a number of elements. The

More information

DATA PROCESSING ADDENDUM (FOR TRANSFERS PERSONAL DATA OUTSIDE THE EEA)

DATA PROCESSING ADDENDUM (FOR TRANSFERS PERSONAL DATA OUTSIDE THE EEA) DATA PROCESSING ADDENDUM (FOR TRANSFERS PERSONAL DATA OUTSIDE THE EEA) How this Data Processing Addendum (DPA) works: On October 6 2015, the European Court of Justice declared the Safe Harbor framework

More information

Crimes Amendment (Child Pornography and Abuse Material) Act 2010 No 9

Crimes Amendment (Child Pornography and Abuse Material) Act 2010 No 9 New South Wales Crimes Amendment (Child Pornography and Abuse Material) Act 2010 No 9 Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Crimes Act 1900 No 40 3 Schedule 2 Amendment

More information

For purposes of this chapter the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

For purposes of this chapter the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise: Mississippi s new home warranty required of builders 83-58-3. Definitions Note: Following this information is a form that must be signed by all parties for the builder s warranty time to begin. If the

More information

Defects liability period an introduction

Defects liability period an introduction Investing in Infrastructure International Best Legal Practice in Project and Construction Agreements January 2016 Damian McNair Partner, Legal M: +61 421 899 231 E: damian.mcnair@au.pwc.com Defects liability

More information

Professional Indemnity Insurance Application Form for Eligible Midwives

Professional Indemnity Insurance Application Form for Eligible Midwives Professional Indemnity Insurance Application Form for Eligible Midwives This Form will be used by MIGA to consider your application for Professional Indemnity Insurance with MIGA and for your automatic

More information

Guide for home buyers

Guide for home buyers Guide for home buyers The homes on this development are protected by a 10 year New Home Warranty from Premier Guarantee. All homes covered by our warranty are insured against a wide range of structural

More information

Plumbing and Drainage Regulation 2012

Plumbing and Drainage Regulation 2012 Regulatory Impact Statement Subordinate Legislation Act 1989 Plumbing and Drainage Regulation 2012 A regulation under the Plumbing and Drainage Act 2011 April 2012 Enquiries to: NSW Fair Trading Policy

More information

NEW HOUSING AND HOME IMPROVEMENT WARRANTIES Minn. Stat. 327.01, et. seq. Winter 2004

NEW HOUSING AND HOME IMPROVEMENT WARRANTIES Minn. Stat. 327.01, et. seq. Winter 2004 I. IMPLIED WARRANTIES NEW HOUSING AND HOME IMPROVEMENT WARRANTIES Minn. Stat. 327.01, et. seq. Winter 2004 A. Overview: Every contract to build or remodel a home in Minnesota, even if there is no written

More information

Home Owners (Owner Builder) Warranty Inspection Agreement

Home Owners (Owner Builder) Warranty Inspection Agreement Home Owners (Owner Builder) Warranty Inspection Agreement To AS 4349.0-2007 Inspection of Buildings General Requirements And Section 95 of the NSW Home Building Act 1989 Part 3 of the WA Home Building

More information

ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS

ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS June 2013 Legal Policy Division Department of the Attorney-General and Justice

More information

%&'!&()%&' &*! "!!& &+,! "#+ + &- ' &!&.'(%&'! %&%+ &+&&*-/" ' &+&+ '-0

%&'!&()%&' &*! !!& &+,! #+ + &- ' &!&.'(%&'! %&%+ &+&&*-/ ' &+&+ '-0 ! # $ %& ' %&'!&()%&' &*!!!& &+,! #+ + &- ' &!&.'(%&'! %&%+ &+&&*-/ ' &+&+ '-0! #!$ ()*+(*+,-.-.*/0& ()*+(*+,-.-1.20 ()*+(*3*45 ()*+(*326 4 4 7 &+ %,! #+ 83-58-1 This act shall be known and may be cited

More information

Reform of the Home Building Act 1989 Issues Paper

Reform of the Home Building Act 1989 Issues Paper Reform of the Home Building Act 1989 Issues Paper Published by: NSW FAIR TRADING PO Box 972 PARRAMATTA NSW 2124 Tel. 13 32 20 NSW Fair Trading 2012 This publication is copyright. It may be reproduced in

More information

National Electricity (Victoria) Act 2005

National Electricity (Victoria) Act 2005 Section Authorised Version No. 022 National Electricity (Victoria) Act 2005 Authorised Version incorporating amendments as at 1 November 2015 TABLE OF PROVISIONS Page Part 1 Preliminary 1 1 Purpose 1 2

More information

C:\Documents and Settings\panot\Local Settings\Temporary Internet Files\OLK60\Guide to Home Warranty Ins FINAL.doc

C:\Documents and Settings\panot\Local Settings\Temporary Internet Files\OLK60\Guide to Home Warranty Ins FINAL.doc 1 Guide to Home Warranty Insurance This Guide is to assist accountants and builders/contractors in the process of obtaining and maintaining Home Warranty Insurance. Home Warranty Insurance is a compulsory

More information

Home Building Protection Review

Home Building Protection Review Home Building Protection Review January 2014 Contents 1 Executive summary 1 2 Reviewing the current framework 2 2.1 Introduction 2 3 Summary of questions 3 4 Back end home building protections 5 4.1 Insurance

More information