NSW Construction Update – Roberts v Goodwin Street Developments Pty Ltd [2023] NSWCA 5

Written by Helen Kowal, Swaab – ACRA Member

Roberts v Goodwin Street Developments Pty Ltd [2023] NSWCA 5 In a recent decision handed down by the NSW Court of Appeal it has been confirmed that the duty of care provisions introduced under Part 4 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) on 10 June 2020, in particular a claim under section 37 of the DBP Act, is not limited in application to class 2 buildings but applies to all classes of buildings.
The appeal was brought by Daniel Roberts, determined to be the representative of DSD Buildings Pty Ltd, which negotiated the building contract with Goodwin Street Developments Pty Ltd who was named as the Second Defendant in Goodwin Street Developments Pty Ltd atf Jesmond Unit Trust v DSD Builders Pty Ltd (in liq) [2022] NSWSC 624. The appeal was dismissed.
This decision confirms a broad interpretation of these statutory provisions in its application to construction works, whilst also providing guidance on the scope of its application. The appeal confirmed that a duty to exercise reasonable care to avoid economic loss caused by defects……….Click to continue reading

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