In recent years in New South Wales, construction reform has drastically impacted existing strata buildings uncovering many unintended consequences for existing strata schemes and the remedial construction industry. Since the introduction of the Design and Building Practitioners Act 2020 (NSW), the Swaab Construction and Strata Law Team have been integrally involved in the ongoing reform and its impact on the strata remedial construction industry. We have a unique grounding in all areas of construction and strata law to assist you.
Our team
Our specialised team can provide you with targeted advice for your remedial project with full consideration of the Design and Building Practitioners Act 2020 (DBP Act) and accompanying regulations.
Project documents
- suites of template contracts adapted specifically for ongoing use within your business, including building contracts, superintendency contracts, design and consultancy
agreements early works agreements - early works agreements
- letters of intent/conditional acceptance of tender
- business and employment contracts for design practitioners, superintendents and building practitioners
- development approval or construction development certificate or exempt development advice
Before project commencement
- prepare tender ready and final contracts for your residential or commercial strata building works
- amend Australian Standard General Conditions e.g. AS4000, AS4905, AS4902, AS4906, AS4122), with accompanying formal instrument of agreement
- bespoke building contracts
- consultancy, design and/or superintendent agreements
- deeds to vary an existing contract
- DBP Act:
- does the remedial building works need to comply with the DBP Act
- prepare special conditions to comply with the DBP Act
- conditions to ensure preparation of regulated designs by a registered design practitioner
- tips for owners corporations, building practitioners, and/or design practitioners on processes, obligations and management of the processes
- exempt development or development approval planning advice
- considering if remedial works are emergency remedial building works
During the project
During the course of your project, we will be on hand to:
- assist you with interpretation of contract terms
- participate in dispute resolution to produce non-litigious solutions (out of court solutions)
- prepare any necessary variations of contract or additional
agreements - assist in Building and Construction Industry Security of Payment Act 1999 (SOPA) claims and navigate payment claims
- termination of contracts
- advise as to any variations arising and satisfying variation
requirements under the DBP Act
After project completion
After building works are complete:
- traversing final payment claims
- managing defects during the defects liability period
- contract claims in case of a dispute
- common law claims in cases of negligence
- statutory breaches and claims:
- DBP Act claims for breach of duty of care (arising from original construction of your building and/or remedial construction) and economic loss arising from defects
- Home Building Act 1989 claims (arising from original construction of your building and/or remedial construction) including for defects in your building
- SOPA claims
- dealing with any Building Works Rectification Orders issued on you or your property by the Building Commission NSW
- navigating insolvency of your builder or developer:
- home building compensation fund insurance claims
- navigating claims during the external administration and/or liquidation process
Useful Links
Publications
10 Tips For Strata Remedial Construction Contracts
Are you wondering why your strata work to repair or maintain your strata building is over budget, riddled with delays…
In the News
Press Release | New Senior Associate Appointment — Joshua Bernie
With more than 10 years’ experience in strata and construction dispute resolution across Australia and the UK, Joshua brings with him…