When is it unreasonable to refuse to allow a Builder back on site to rectify defects?   This question arises often, but what are the relevant legal principles which need to be applied to answer the question?  A useful summary of those principles was recently provided by Stevenson J in The Owners – Strata Plan 89041 v

Mears Ltd v (1) Costplan Services (South East) Ltd (2) Plymouth (Notte Street) Ltdand (3) J.R. Pickstock Ltd [2019] EWCA Civ 502  –  Practical Completion On 29 March 2019 the Court of Appeal in London delivered this interesting decision which reviewed the legal principles associated the with meaning of the term Practical Completion. The case involved several contracts.  A building

OWNERS TERMINATING MAJOR DOMESTIC BUILDING CONTRACTS UNDER SECTION 41 OF THE DOMESTIC BUILDING CONTRACTS ACT 1995 ARE NOT THEREBY PRECLUDED FROM CLAIMING DAMAGES FOR IDENTIFIED DEFECTIVE WORK: Wenli Shao v AG Advanced Construction Pty Ltd [2019] VSCA 93   An owner terminated a major domestic building contract under section 41(1)(a)(ii) of the Domestic Building Contracts Act 1995(Vic) (“the

Taking the Penalty out of the Penalty Interest Rates Act   In a decision on the interest and costs payable in relation to the Lacrosse ACP-cladding case (Owners Corporation No.1 of PS613436T v Lu Simon Builders Pty Ltd (No. 2) (Building and Property) [2019] VCAT 468), Judge Woodward, sitting as Vice President of the VCAT, has

Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27 – the date of accrual of a cause of action under an insurance policy In Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27, the New South Wales Court of Appeal construed an Industrial Special Risks Insurance Policy to determine when the cause of action for breach of

John Beever (Aust) Pty Ltd v Paper Australia Pty Ltd [2019] VSC 126 This decision of Lyons J appertained to an application in respect of three separate payment claims pursuant to sections 16(2) and 17(2) of the Building and Construction Industry Security of Payment Act 2002 (the “SOPA”). Noting and discussing the summary nature of the applications, and