Understanding the difference between green title, built strata, and survey strata is critical before you buy, build, renovate, or attempt to subdivide. While two homes may look identical from the street, these distinctions in title affect what you actually own and what you can or cannot do with y…

Have you been excluded from a family member's Will? Recourse under the Family Provision Act 1972 (WA) The Family Provision Act 1972 (WA) allows eligible individuals, such as spouses, de facto partners, children, parents and potentially other dependents like grandchildren and spouses who: were f…

Owners who sign standard form building contracts by the Master Builders Association (MBA) need to understand how extensions of time work.  Most MBA contracts contain clause 19(b). Clause 19(b) says as follows:  “No later than the date of Practical Completion, the Builder must notify the…

In any domestic construction contract, whether it is a lump sum building contract or a cost plus contract, builders are required to complete their building projects within an agreed time frame.  The standard form contracts used by members of the Master Builders Association of Western Australi…

It's important that home builders understand how to properly prepare variations because the profitability of their businesses depends on it. The cost of getting variations wrong is that, where builders don’t comply with the contractual requirements for preparing variations, the variation might late…

While home and land packages may seem like a dream come true, they come with their own set of challenges. Without proper awareness, you could find yourself caught by unexpected price increases and delays.  The Rose: Why Home and Land Packages can be so Attractive For quite some time, home an…

Tribunal confirms jurisdiction to deal with claims arising out of alleged repudiation in Phelan v Thompson Sustainable Homes (WA) Pty Ltd [2025] WASAT 25 Key Takeaways: The right to bring a home building works complaint under Section 5(2) of the Building Services (Complaints Resolution & Ad…

Navigating the complexities of the Building and Energy and State Administrative Tribunal (SAT) dispute resolution process can be overwhelming, particularly for self-represented litigants in Western Australia. Many individuals attempt to address their disputes without legal assistance. Navigating t…

If you’ve been targeted by a phishing scam, you may be feeling overwhelmed and unsure of where to turn. Phishing fraud often involves tricking individuals into revealing sensitive information, such as bank account details, by pretending to be a legitimate business. This type of scam has become incr…

If you have recently purchased a property and discovered significant defects that were not disclosed in the pre-purchase inspection report, you are likely wondering whether you have any legal recourse against the building inspector.

In a previous article, I explained why, in our view, a Homeowner is entitled to recover any added interest paid under a loan contract in respect of a building contract between the contractual date, and the actual date of practical completion of the Works.

If you are a Homeowner and you have recently moved into a finished home, after experiencing stressful and protracted building delays, you ought to get legal advice on the value of a claim against your Builder for delay damages.