Latest Construction Contracts Articles

As a homeowner involved in an NCAT dispute, you may need to request a summons for documents relevant to your case. This guide will provide you with a step-by-step approach to help you obtain the documents you need. The NCAT Act gives the Registrar of the Tribunal discretion to issue Summons to produce documents. However, the Tribunal has the power to determine whether a Summons should be issued, refused, or set aside.

My name is John Dela Cruz, and I am a building and construction lawyer with over a decade of experience in advising and representing homeowners in NCAT matters, particularly in building disputes. I have dedicated my career to helping clients resolve complex legal issues related to building and construction projects.

Throughout my career, I have represented clients in a wide range of disputes, from defects and incomplete works to variations, quantum meruit, suspension of works, termination of contracts, repudiation, and other common building law and contractual disputes. My experience covers both the consumer and commercial divisions of NCAT, as well as the appeals panel.

While I am based in Sydney, I offer my services to homeowners across New South Wales who require legal advice or representation in NCAT proceedings. I understand that building disputes can be stressful and overwhelming, and I am committed to providing practical and effective legal solutions tailored to each client’s unique needs.

Over the years, I have developed an extensive network of experienced building expert witnesses who I am able to refer to assist with building disputes. I have developed strong relationships with these experts, and they have proven to be valuable in helping me build strong cases for my clients.

I have a comprehensive understanding of the working procedures and administration of the NCAT, NCAT registry and hearings. This knowledge enables me to provide informed and strategic advice to my clients, helping them achieve the best possible outcome for their building dispute.

Thank you for considering my legal services for your NCAT matter. Please don’t hesitate to contact me if you have any questions or if you would like to schedule a consultation.

If you are a homeowner involved in a building dispute, you may have come across the term “building dispute conclave.” A building dispute conclave is a joint meeting between experts engaged by the respondent and the applicant, typically held on-site, with the aim of limiting or eliminating the need for expert evidence at the hearing. The conclave is conducted by a tribunal member with extensive experience and expertise in home building matters. In this article, we will explore what a “building dispute conclave” is, the process involved, and its benefits. If you are a homeowner facing a building dispute, read on to understand how a building dispute conclave can help you.

As someone who is about to give evidence at the NSW Civil and Administrative Tribunal (NCAT), you may have concerns about self-incrimination. This means that you may be worried that the evidence you provide could be used against you in a criminal or civil proceeding. Fortunately, there are legal provisions in place that protect your rights in such a situation. One such provision is Section 128 of the Evidence Act 1995 (NSW), which provides the privilege against self-incrimination.

Section 38 of the Civil and Administrative Tribunal Act 2013 (NSW) further elaborates on the privilege against self-incrimination, specifically in the context of NCAT proceedings. In this article, we will explain what the privilege against self-incrimination is, how it applies in civil proceedings, and what protections you have when giving evidence at NCAT. We will also touch on the interaction between Section 128 and Section 38, so that you have a clear understanding of your rights when giving evidence at NCAT.

If you are fortunate enough to resolve your dispute with the consent of the other party, then you will need the assistance of the NCAT to make the consent orders. In this article, we will discuss what consent orders are, how they work, and what you need to do to write them properly. We will draw on the recent case of Aboriginal Housing Office v Harrison [2021] NSWCATAP 97 to provide you with some guidance on how to navigate the consent order process at the NSW Civil and Administrative Tribunal (NCAT).

If you are a homeowner in a building dispute and your builder hasn’t provided a signed contract, a recent NCAT case, Dyjecinska v Step-Up Renovations (NSW) Pty Ltd [2023] NSWCATAP 36, may offer some clarity. In this article, we’ll break down the key points and findings of the case to help you understand the implications.

The NCAT Appeal panel made 2 recent decisions that expert witnesses should be aware of. In this article, we analyse the 2 Appeal Panel decisions of:

1. Vidler v Northern Rivers Landscaping; and
2. Vujica v TNM Roofing

To assist expert witnesses who practise in NCAT, we provide an analysis of one of landmark decisions that Courts and Tribunals refer to when considering whether to accept, reject, or assess the weight of expert witness evidence. In particular, we analyse the principles of Makita v Sprowles.

Lodging a home building application with the NSW Civil and Administrative Tribunal (NCAT) can be a daunting task. In this article, we provide a comprehensive guide for homeowners to navigate the process successfully. We’ll cover the essential steps to take before lodging an application, the key requirements, the procedural guideline requirements, and what to expect after submitting your application to help you resolve your residential building disputes.

When homeowners face issues with contractors regarding building defects, it can be a challenging and frustrating experience. The New South Wales Civil and Administrative Tribunal (NCAT) offers a dispute resolution service to help homeowners and contractors resolve such disagreements. This short guide aims to provide helpful information to homeowners on how to navigate the NCAT dispute process and achieve a fair outcome.

In recent years, the Australian residential building industry has increasingly emphasised the importance of compliance with the Building Code of Australia (BCA) and National Construction Code (NCC), particularly in ensuring safety, quality, and sustainability. Ensuring that all construction work adheres to the relevant standards and regulations is crucial to maintaining safety, quality, and sustainability in residential buildings across the country. This article aims to provide an overview of the key components of compliance in Australian residential building work, with a focus on the Building Code of Australia (BCA), National Construction Code (NCC), and how these were applied by the NSW Civil and Administrative Tribunal (NCAT) Appeal case, The Owners Strata Plan No 92888 v Taylor Construction Group Pty Ltd and Frasers Putney Pty Ltd [2019] NSWCATCD 63.

The BCA and NCC, integral to Australian construction standards, shape the landscape of building in Australia, providing a set of technical provisions that govern the design, construction, and performance of buildings and plumbing and drainage systems. In addition to these codes, the case of The Owners Strata Plan No 92888 highlights the application by the NCAT of the BCA and Australian Standards in real-world situations, illustrating the importance of understanding and complying with the relevant regulations.

Throughout this article, we will explore the jurisdiction and legislation that underpin these codes, delve into the mechanisms by which compliance can be achieved, and examine the role of the Building Sustainability Index (BASIX) in New South Wales. Furthermore, we will discuss the implications of the case of The Owners Strata Plan No 92888, demonstrating the significance of compliance in residential building work and the potential consequences of non-compliance.

By understanding the complexities of compliance in Australian residential building work, industry professionals, homeowners, and stakeholders can better navigate the regulatory landscape and contribute to the ongoing improvement of safety, quality, and sustainability within the construction sector.