Barry.Nilsson. Lawyers

Developers with the ability to exercise “substantive control” over construction work may owe a duty of care under s 37 the Design and Building Practitioners Act

24 June 2022 | Insurance & Health Law

The NSW Supreme Court reviewed the scope of a developer’s duty under the Design and Building Practitioners Act 2020 (NSW), and found that a developer owed a duty in circumstances where it was able to control how construction work was performed, and that it can still owe a duty even in...

Supreme Court of NSW clarifies the scope of the statutory duty of care under the DBP Act

8 June 2022 | Insurance & Health Law

The NSW Supreme Court clarified that the scope of the statutory duty of care under the DBP Act extends to beyond class 2 buildings. The decision demonstrates that the statutory duty under the DBP Act has a much wider application as it applies to almost all types of buildings.

When can a building owner hold a subcontractor liable for incorrect advice?

3 June 2022 | Insurance & Health Law

The Supreme Court of Victoria considered a strike out application by a subcontracted engineer in relation to proceedings issued by a building owner.

Hailing down on the deductible

9 February 2021 | Insurance & Health Law

In Issue Policy interpretation: Determining if a deductible is to be applied to each “claim” made under a policy, or if a deductible attaches to the single event arising in “claims” under a policy. The background Rawson Homes...

Separating the Biowood from the ACP's

11 August 2020 | Insurance & Health Law

A consideration of the recent decision of the NSW Civil and Administrative Tribunal and subsequent Appeal Panel regarding the use of Biowood cladding on a building in NSW. While the insurance and construction industries and indeed the public are now...

Code of Conduct for Building Surveyors in Victoria to take effect on 1 January 2021

7 August 2020 | Insurance & Health Law

With the attention of the construction industry focused squarely on dealing with the implications of Covid-19 and the ongoing cladding crisis, the release of the new Code of Conduct for Building Surveyors in Victoria (‘Code’) by the Victorian...