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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email [email protected]

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • School Negligence
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email [email protected]

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email [email protected]

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email [email protected]

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

Preparing for Your Home Build: Key Steps to Stay Ahead

Building a home is a significant and exciting venture, but it’s important to be well-prepared for any challenges that may arise. While it’s natural to focus on the positive aspects, taking proactive steps to understand and protect your rights can help ensure a smooth process. This checklist is designed to guide you through essential preparations, helping you stay informed and ready for whatever comes your way.

  1. Review the Contract

  • Request a fully itemised quote.
  • Check and ensure you understand the Contract: Ensure the builder is following the Home Building Act 1989 (NSW) (‘the Act’) and that the contract complies with NSW regulations.
    • The contract must be in writing and dated when signed;
    • It must contain a sufficient description of the work to be carried out;
    • Must contain a progress payment schedule or a claims based regime as work is performed and costs are incurred (plus margin) supported by invoices and other documentation;
    • The builder’s name and contract number must be clearly set out;
    • Plans and specifications must be attached and be stated to form part of the contract;
    • There must be a notation which entitles you to a copy of the insurance certificate under the Home Building Compensation Scheme;
    • Set out the warranties under section 18B of the Home Building Act which are implied into the contract;
    • Have a clause setting out the circumstances under which the contract can be terminated;
    • Check that the deposit does not exceed 10%.
  • Scope of Work: Ensure that you fully understand the scope of the work to be undertaken, what is included in the contract price and what may be the subject of a variations or Prime Cost items (fittings, appliances, tiles) which may increase the price. Check that the price allowed is reasonable and you have thought of everything.
  • Payment Schedule: Confirm that progress payments align with the work actually done and the dollar value placed on each stage is realistic completed as per the contract and Section 8 of the Act.
  • Make sure that all variations are required to ne made in writing and approved by you.
  • Timelines: Compare the project timeline with the contract schedule. Are there delays beyond what is reasonable?
  • Liquidated damages: ensure the contract provides for liquidated damages where there are delays beyond the agree timeline and that the damages agreed will cover your real losses – including renting if applicable.
  1. Communication with the Builder

  • Document Conversations: Keep written records of all communications, including emails, texts, and letters.
  • Attempt to Resolve Issues: Attempt to resolve any disputes directly with the builder, referencing the contract.
  • Formal Complaint: Send a formal written complaint to the builder, referencing the relevant sections of the contract and the Act.
  1. Quality of Work

  • Inspection: Arrange an independent inspection to assess the quality of work at agreed points and use a specialist building consultant.
  • Defects & Warranties: Identify defects or poor workmanship. Remember that under the Act, major defects are covered for six years, and minor defects for two years.
  • Standards & Safety: Ensure the work meets the Building Code of Australia (BCA) and relevant Australian Standards.
  1. Project Delays

  • Document Delays: Record any delays, the reasons provided by the builder, and the impact on the project.
  • Builder’s Response: Assess how the builder responds to delays and whether they propose reasonable solutions.
  1. Insurance and Licensing

  • Builder’s License: Verify that the builder holds a valid NSW Fair Trading builder’s license (Free online check: https://verify.licence.nsw.gov.au/home/Trades).
  • Home Warranty Insurance: Confirm that the builder has provided the required Home Warranty Insurance for projects over $20,000.
  1. Document Everything

  • Maintain Records: Keep all contracts, receipts, correspondence, photos of the work, and inspection reports organised. These will be crucial if legal action is necessary.

If you have kept good records along the way, you will be in a better position in the event that there is a dispute that can’t be resolved by talking to your builder.

Step 1:  Contact NSW Fair Trading: Before escalating to legal action, you may contact NSW Fair Trading for mediation or advice.

Step 2:  Consult a Lawyer: Seek legal advice if issues persist, especially if considering termination of the contract or if the builder is threatening legal action.

When should you seek legal advice?

  • If the builder refuses to rectify defects or complete the project.
  • If there are significant delays without reasonable cause.
  • If the builder breaches contract terms or demands payment for unapproved variations.
  • If the builder is unlicensed or uninsured.
  • If you have made a formal complaint and the builder does not respond adequately.

Tribunal or Court Action:

  • If unresolved by NSW Fair Trading and all attempts to mediate have failed, you may consider filing a claim with the NSW Civil and Administrative Tribunal (NCAT) for disputes up to $500,000.
  • NCAT can make orders such as:
    • Payment for home building works or services
    • Incomplete or defective home building works
    • Supply of specialised work such as plumbing and electrical
    • Damage caused to other structures by home-building works
    • Insurance Claim appeals
  • It is important to note that in relation to claims involving the allegation of defective residential building work or specialist work, NCAT’s preferred outcome is rectification of the defective work. It is not common for damages to be awarded in these circumstances.
  • For larger claims or complex cases, you may need to consider court action.

Here’s how The Law Office of Conrad Curry can help:

  • We can advise you of your legal rights and obligations when a dispute arises
  • Assistance in getting the contract back on track
  • Ensure that you follow the proper process to end the contract if you cannot resolve the dispute with the builder
  • Ensure that you follow the appropriate dispute resolution processes if the contract is ended
  • Act for you in the NSW Civil and Administrative Tribunal (NCAT)
DISCLAIMER

This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.

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