What constitutes a “Major Defect” under the Home Builders Act 1989 (NSW)

Nicholas Kyriakoudes Classification of work as a major defect gives rise to a 6-year statutory warranty. Section 18E(1)(b) of the Home Builders Act 1989 (NSW) prescribes a statutory warranty period of 6 years for faulty or defective workmanship which results in a major defect to a residential building. However, to be entitled to the 6-year [...]

2022-04-14T05:20:38+00:00October 21st, 2021|

What are liquidated damages? When might they be used?

Nicholas Kyriakoudes As a general proposition, parties are free to contract with one another on whatever terms they agree. Breach of a contractual term will entitle a party to recover any loss they suffer as a result of the breach, that is their damages, and in serious breaches may entitle the party to terminate the [...]

2022-04-14T05:20:46+00:00October 7th, 2021|
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