Advice regarding unlitigated matters
A large building company recently entered into voluntary administration, leaving over ten homes incomplete. The insurer had obtained security from the director of the building company in respect of any liability it incurred under the policies issued to the building company for the incomplete homes. The director was therefore keen to minimise the insurer’s exposure to the claim. Through discussions with the director and administrator of the building company and each of the claimants, we were able to negotiate a settlement of the claims on the basis that another building company, run by a family member of the director of the insured building company, would complete the outstanding works under the original building contracts. Our client ultimately incurred very little liability in relation to the claims.
December 5, 2012
Two recent Supreme Court of NSW judgments have determined that a builder does not owe a common law duty of care…Continue reading
Stop Press: CTTT determines that a policy of HOW insurance does not respond to defective works destroyed by a subsequent fire and storm.
September 2, 2010
Smith & Tatton-Smith v Lumley Insurance (Home Building)  NSWCTTT 356 In a recent decision, the Consumer, Trader & Tenancy Tribunal…Continue reading
September 2, 2011
Michell & Thomas v Calliden Insurance Limited (Home Building)  NSWCTTT 300 (11 July 2011) Section 103BA of the Home Building…Continue reading