Articles

Building & Construction

With the combined knowledge and experience of our team at Nevett Wilkinson Frawley Lawyers, you will find yourself with all the answers you need for your specific legal query. Sometimes however it’s hard to know what question to ask, so hopefully our Insights page will help with that, providing you topical general information about matters that affect people throughout Ballarat, Beaufort, Castlemaine, Daylesford, the Central Highlands and Greater Western districts.

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What are Damages in Australian Contract Law?

An Overview on Damages in Australian Contract Law: When a party breaches a contract, the other party to the contract may be entitled to damages as a remedy. In contract law, an award of damages is intended...

What is Remoteness in Australian Contract Law?

An Overview on Remoteness in Australian Contract Law: In Australian contract law, loss caused by a breach is a “necessary, but not a sufficient, prerequisite to the recovery for damages”..

What is Causation in Australian Contract Law?

An Overview on Causation in Australian Contract Law: Law may be viewed as a “fact-orientated system” of rules that regulate human and social behaviour (Weber, 2009, p. 118). The application of causation...

What is Contract Law?

An Overview on the Theories of Contract Law: Common law textbooks on contract law typically define “contracts in terms of promise or agreement or of a combination of the two” (Cootes, 2010, p. 10). Within contemporary contract literature...

Can changes be made to a domestic building contract?

An Overview on Changes Made to Domestic Building Contracts: Changes to domestic building contracts may be made if statutory requirements prescribed in the Domestic Building Contracts Act 1995 (Vic) are met...

What are progress payments for domestic buildings?

An Overview on Progress Payments for Residential and Domestic Buildings: When addressing the question of progress payments in the residential and domestic construction industry, the Domestic Building Contracts Act 1995...

What is Domestic Building Insurance?

An Overview on Domestic Building Insurance: Domestic building insurance is a mandatory requirement prescribed by the Building Act 1993 (Vic), and Ministerial Orders published. The Domestic Building Contracts Act 1993 (Vic) regulates...

What is the Building Code of Australia (BCA)?

Read an Overview on the Building Code of Australia (BCA): The National Construction Code is described as Australia’s primary set of technical design and construction provisions for buildings. The National Construction Code is also viewed as...

What is the Domestic Building Contracts Act 1995?

Read an Overview on the Domestic Building Contracts Act 1995: The Domestic Building Contracts Act 1995 (Vic) is a legislation that is intended to regulate domestic building work. Often, owners and building owners enter into domestic building contracts...

What is the National Construction Code (NCC)? 

Read an Overview on the National Construction Code: The National Construction Code comprises the Building Code of Australia (BCA) Volume One and Two, and the Plumbing Code of Australia, Volume Three. Generally, the purpose of building regulations...

What is a major domestic building contract in Victoria?

Read an Overview on Major Domestic Building Contracts: The Domestic Building Contracts Act 1995 (Vic) is Victoria's domestic building legislation that regulates major domestic building contracts and the conduct of parties when entering into that type...

What is a domestic building contract in Victoria?

Read an Overview on Domestic Building Contracts: As the principal Victorian domestic building legislation, the statutory intention of the Domestic Building Contracts Act 1995 (Vic) is to regulate domestic building contracts...

What are performance requirements in construction?

Read an Overview on Performance Requirements: Setting Performance Requirements, the National Construction Code (NCC) is a performance-based code that sets national consistency to technical standards for buildings...

What is the National Construction Code used for?

Read an Overview on the National Construction Code: The National Construction Code (NCC) is Australia’s uniform national building code that sets out the minimum necessary technical requirements and standards...

What are building classes?

Read an Overview on Building Classes: The classification of building classes is guided by the National Construction Code. In Victoria, the Building Act 1993 (Vic) is a statutory regime that regulates building works (including, building classes)...

Can an owner change a domestic building contract?

Read an Overview on Owner’s variations or changes to major domestic building contracts: Domestic building contracts may be varied or changed if the statutory requirements set by the Domestic Building Contracts 1995 (Vic) are complied...

Can a builder vary a domestic building contract?

Read an Overview on Builder’s variations or changes to major domestic building contracts: Variations or changes to domestic building contracts may be performed if the statutory requirements prescribed in the Domestic Building Contracts Act 1995 (Vic)...

What is domestic building work in Victoria?

Read an Overview on Domestic Building Work In Victoria: The Domestic Building Contracts Act 1995 (Vic) regulates contracts relating to the carrying out of domestic building works, resolution for domestic building disputes, and insurance requirements...