CML Lawyers

Conditional Certificates of Practical Completion

Is your Certificate of Practical Completion what you think it is? We have seen instances where Superintendents have purported to issue ‘conditional certificates of practical completion’.  Such that while the majority of the criteria of practical completion as defined in the contract has been achieved but for whatever reason not all the criteria has been […]

What is a scope of Works

The Scope of Work Definition in Construction   The scope of work might be the most important part of a construction agreement – even more important than the price.   The scope of work in construction is the list of construction obligations, as well as work activities that all contractors, subcontractors, and suppliers are obligated […]

Paid when Paid provisions

What are paid when paid provisions and how are they relevant in the construction industry?   The Problem   Delays in payments are endemic in the construction industry all over the world.  With global reports concluding that the construction industry is most affected by delays with 65% of stakeholders having experienced delayed payments. Extensive research […]

How to make sure your Payment Claim is Valid

Is your payment claim valid?   Below are questions you should be asking to ensure your payment claim is valid:   Am I covered by the Act? The Building and Construction Industry Security of Payment Act 1999 (“SOP Act”) applies to the majority of construction contract, whether written or not, for construction work carried out […]

Commercial Landlords COVID-19 Land Tax Concession and Deferral

The NSW Government has unveiled a $440 million land tax package to assist landlords and tenants as they deal with a downturn as a result of virus-related restrictions. If you are a Landlord with commercial premises read on 25% Land Tax Concession Landlords will be able to apply for a concession of up to 25 […]

Going Up: Buying high rise strata just got better, or did it?

The Opal Tower failure in Homebush Bay has heightened fears about high rise residential building defects.  Only last year the combustible cladding drama resulted in new laws  and from 22 February 2019 all residential apartment owners must have checked for external combustible cladding and if affected, registered with the NSW Government Now, post- Opal, the […]

Proposed Changes to the NSW Strata Building Bond and Inspections Scheme

The Strata Schemes Management Amendment (Building Defects Scheme) Bill 2018 was assented to in September 2018 and should come into effect later this year once proclaimed. It proposes changes to be made to the strata building bond and inspections scheme, under part 11 of the Strata Schemes Management Act 2015 (“the Act”). The amendments mainly affect Developers who […]

Beware the Ides of Short Term Rentals – Short Term Lettings and Property Investors

Short Term Lettings and Property Investors Short term lettings have been for some investors and absolute bonanza, returning well above average returns. However, short term rentals have been in a legal limbo since a NSW court decided that short term lettings were not lawful under local planning laws.  Do you remember the story (only four […]

A Cladding Tinderbox: Will your High Rise Insulate or Immolate?

A Cladding Tinderbox:  Will your High Rise Insulate or Immolate? No-one wants to get caught in a high rise fire.  A spate of external cladding fires around the world has prompted new precautions.  Anyone that owns or lives in a residential high rise should read on.  Inflammable aluminium composite panels were banned in NSW from […]