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Building Disputes and the Home Building Act 1989 (NSW)
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Building Disputes and the Home Building Act 1989 (NSW)

Price: $231.00
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Published 27 Dec 2012 (Thomson Reuters)
ISBN: 9780455230849.

Building Disputes and the Home Building Act 1989 (NSW) provides sought after and up-to-date coverage of the home building law as it applies to building disputes, including defect and contract disputes, involving residential building work in New South Wales.

Residential building work is a core element of the economy and the disputes arising from that work are a common feature of legal practice.  Although written in plain English, the Home Building Act 1989 (NSW) has many complexities and subtleties and has seen many amendments.

Philip Bambagiotti is a respected barrister and leading authority on the law relating to building disputes. In this timely new book, which incorporates material drawn from the Building NSW subscription service, he expertly annotates relevant parts of the Home Building Act 1989 (NSW).

He analyses the key elements of the law that relate to building defects, providing  critical insights into the disputes played out before the Consumer, Trader and Tenancy Tribunal. The statutory law is considered in the context of the regulations and examines the way the legislation has developed. 

This tightly focused commentary examines the following provisions which are most relevant to disputes arising from residential building work:

  • Residential Building Work and Specialist Work in Part 2;
  • Statutory warranties in Part 2C;
  • Dispute resolution provisions in Part 3A, focusing on the process in the courts and featuring commentary on how those provisions affect building disputes in the Consumer Trader & Tenancy Tribunal;
  • The private insurance scheme in Part 6; and
  • Insolvent insurers in Part 6A.

A wealth of additional features is included such as:

  • 2nd Reading speeches relating to the key amendments  to the Home Building Act 1989 (NSW);
  •  Home Building Regulations 2004 (NSW);
  • Consumer, Trader and Tenancy Tribunal Act 2001 (NSW);
  • Consumer, Trader and Tenancy Tribunal Regulations Regulation 2002 (NSW); and
  • Consideration of future developments in the law.                                                                             

Building Disputes and the Home Building Act 1989 (NSW) provides a fresh and much-needed perspective on the law and will become an essential at-hand resource for practitioners, judges, and building professionals including engineers, architects, quantitative surveyors, arbitrators and strata managers.

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