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Building Disputes - Strata
03/10/2010
Watson & Watson’s building and construction lawyers have many years of experience resolving building disputes, including those relating to work undertaken within a Strata Scheme.
Building work within a Strata Scheme may be initiated by the Owners Corporation, or by an individual property owner who is commissioning building work within their own unit (with the permission of the Owners Corporation). Disputes between builders and those who retain them, can sometimes occur, requiring the specialist expertise of a building and construction lawyer.
Disputes in relation to building for a single owner or a couple is one thing but building disputes which relate to an Owners Corporation where there are very many different owners with different expectations means and abilities are very difficult and require proper management of the dispute. Watson & Watson are experienced in such disputes.
Disputes may arise as a result of:
- The original developer having produced a building which is not properly constructed in accordance with the requirements of good building practice or other statutory requirements.
- The terms of a building contract and more importantly particularly what is excluded from a building contract or has been omitted for one reason or another.
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There are numerous statutory requirements some of which and most of which apply notwithstanding what is written or omitted from a building contract. Some of these include:
- Home Building Act 1989;
- Environmental and Planning Act 1979;
- Strata Titles Act 1973;
- Building and Construction Industry Security of Payment Act 1999;
- Contractors Debt Act 1997;
- Workers Compensation Act 1987;
- Industrial Relations Act 1996; and
- Payroll Act 2007.
- Work not completed in accordance with the contract, specifications, plans, approvals or good building practice and various building codes.
- Incomplete, unfinished or poor quality work.
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Delays in the completion of works required to be undertaken. If there is a time specified in the contract then the works are required to be undertaken within the time specified in the contract. If there is no specified time in the contract the works are required to be undertaken within a reasonable time. Some questions for consideration are:
- Which building contract is appropriate for your situation?
- What are the problems with the proposed building contract?
- What special conditions should be incorporated into the contract?
Watson & Watson lawyers are experienced in contract law and can ensure that the building contract is drawn up correctly, negotiate any amendments on your behalf, and help you to understand the terms. Building contracts can be complex, including architect and engineer plans, and council development application consent documents. Getting advice is important.
Watson & Watson are experts in strata legislation and how it applies to building works, and can help you to resolve any disputes that may arise during the course of the work or as a result of defective or incomplete building work by existing builders or previous builders. Watson & Watson can represent you in Court or Tribunals such as the Consumer Trader & Tenancy Tribunal.
Watson & Watson's clients include owners of strata title lots, Owners Corporations, Executive Committees, builders, subcontractors, architects, consultants, contractors and/or various parties involved with building and construction undertakings.
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10/08/2018The Strata Schemes Management Act 2015 (SSM Act 2015) has come into force which includes Part 7 which relates to by-laws. In essence the by-laws set out the rules applicable to the owners of various lots and the Owners Corporation and others in a Strata Scheme.Read more...
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06/04/2018We refer to our article 1 December 2015 relating to the appointment of a Compulsory Strata Manager to exercise the functions of the Owners Corporation such as when an Application is made to the New South Wales Civil and Administrative Tribunal (NCAT) by a lot owner(s) when the lot owner(s) is of the view that the Owners Corporation is not functioning properly.Read more...
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03/04/2018Unfortunately there are thousands of cases involving Lot Owners in disputes with the Owners Corporation as to the obligations of the Owners Corporation. One of the areas of great dispute is the loss to Lot Owners due to the Owners Corporation’s failure to properly maintain the property.Read more...
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23/02/2018The Strata Schemes Management Act 2015 (SSM Act 2015) has now come into effect and there are various cases dealing with the operation of that Act.Read more...
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09/02/2018One would have thought that the rules relating to costs would be simple. Unfortunately they are not. Each commentary that we have reviewed has dealt with costs without consideration of the whole of the provisions relating to costs. Assumptions have been made which do not always apply.Read more...
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20/01/2018When one buys a unit, townhouse or villa in New South Wales, one usually acquires an interest in a Strata Scheme. Strata Scheme lots are covered by Strata Scheme Management legislation such as the Strata Schemes Management Act, 2015 (SSM Act 2015) in New South Wales.Read more...
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08/01/2018From December 2016 there has been a change to the strata laws since the introduction of the Strata Schemes Development Act 2015 (SSD Act). This Act refers to the obligations and processes that apply in relation to strata renewal process, by way of collective sale or redevelopment of the strata.Read more...
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19/12/2017From 30 November 2016 there has been a change in the strata law with the introduction of the Strata Schemes Development Act 2015. This act refers to the obligations and processes that apply in relation to strata renewal process, by way of collective sale or redevelopment of the strata.Read more...
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19/09/2017In a recent case decide by the NSW Civil and Administrative Tribunal (NCAT) in August 2017 NCAT ordered that the Owners Corporation pay the Lot Owner $55,943.24 due to the failure of the Owners Corporation to properly maintain the common property. This was essentially to cover loss of rent suffered by the Lot Owner.Read more...
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17/08/2017Every person who has purchased a unit which has been renovated will have an issue as to who is responsible for any losses, damages etc if something goes wrong with the building works.Read more...
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15/08/2017There are many thousands of home units in Sydney which are within the Strata Scheme. Many of the units are relatively new and there are many older style blocks of units. Strata title units have been in existence for more than 50 years.Read more...
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12/07/2017A recent Supreme Court case highlighted a difficulty for Owners Corporations which bring cases against Builders or other parties. The recent case of the Owners Corporation – Strata Plan 64415 v Serman decided that it was possible that a Defendant to a claim bought by an Owners Corporation may obtain in the appropriate circumstances, an order that the Owners Corporation provide security for costs as a precondition of the Owners Corporation proceeding with its case.Read more...
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05/07/2017Generally, the Owner’s Corporation enforces breaches of the by-laws by an individual lot owner in the strata scheme.Read more...
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09/06/2017The model rules on keeping of pets provide as a first option that it is possible for owners or occupiers of lots to keep animals so long as those owners or occupiers give written notice of their intention and they make sure the animal stays within the lot, is supervised on common property and the owner cleans up common property areas if required.Read more...
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06/06/2017In late 2016, the NSW government introduced new laws regarding smoking. The laws allow a strata scheme to adopt new “model rules” covering these topics.Read more...
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17/03/2017Recent Amendments from December 2016 makes it easier for Lot Owners to recover losses due to failure by Owners Corporation.Read more...
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21/02/2017There have been very extensive changes to the Strata Laws as from 30 November 2016.Read more...
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28/07/2016In the decision of Thadani the Owners Corporation Strata Plan 46619 [2015] NSW CATCD 153 Senior Member Meadows ordered that the Respondent the Strata Owners Corporation pay a pecuniary penalty in the amount $5,000. The Owners Corporation had failed to comply with an Order made against it to correct a Building Defect to the common property causing damage to an individual lot.Read more...
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21/07/2016The rules and legislation governing strata law provide that in some cases, a Lot Owner can request that a Compulsory Strata Manager be appointed to a Strata Scheme. In order to have such a manager appointed, one must make an application to the New South Wales Civil and Administrative Tribunal (“NCAT”).Read more...
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14/07/2016Often we at Watson & Watson experienced Strata Lawyers receive enquiries from Owners within a Strata Plan, the Owners Corporation or Strata Managers as to what can be done when the Owners Corporation is not functioning properly.Read more...
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07/07/2016Owners of Lots in Strata Schemes often want to carry out work on their unit or townhouse. This article concerns the approvals required to carry out the work.Read more...
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21/12/2015Strata laws were first introduced in New South Wales in the 1960s and now most units and townhouses or other community accommodation are Strata and are subject to the Strata Schemes Management Act 1996 as is amended from time to time.Read more...
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14/12/2015Liability not limited to cost of repair Lot Owner may have claim for losses.Read more...
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01/12/2015Right to appoint Strata Manager in place of the Executive Committee and Owners Corporation - Section 162 Strata Schemes Management Act 1996.Read more...
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10/08/2015Attached is a letter from the Department of Fair Trading to the Principal, Richard Watson seeking his views on the drafting of the Strata Schemes Development Bill 2015 and Strata Schemes Management Bill 2015 before they are introduced into the NSW Parliament. If you wish to make any Submissions in respect of these Bills, you should send your Submissons to policy@finance.nsw.gov.au by 12 August 2015.”Read more...
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01/11/2010Watson & Watson strata lawyers can help the owners of strata lots and Owners Corporations and executive committees resolve disputes involving defective building works by the original developer or other building contractors including disputes with builders, subcontractors, consultants, architects and engineers where the building work is faulty either by way of faulty work or faulty material or inappropriate design and other related issues.Read more...
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01/10/2010When you buy strata title property you automatically become a member of the Owners Corporation (or the Body Corporate).Read more...
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30/09/2010“Some small light has been shed on the whether legal costs can be included in a suit by an owners corporation for strata dues.” “An owners corporation should include in any action for contributions an amount for costs…and should be ready ay any contested hearing to provide an estimate of its costs…”Read more...
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20/09/2010A Section 109 Certificate is a certificate issued by the Owners Corporation of a Strata Scheme, containing detailed financial information about a specific ‘lot’, and information about the management of the scheme.Read more...
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01/09/2010Watson & Watson have lawyers experienced with strata titles and other multi ownership of property such as company titles with over 20 years experience handling strata matters, ranging from those that arise within residential strata schemes, commercial strata schemes and industrial strata schemes and company title ownership. Watson & Watson act for Owners Corporations, Strata Managers, strata title property owners, and developers of strata properties.Read more...
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