For misconduct matters involving private certifiers or other building practitioners, getting a plea in mitigation right is about getting all the key ingredients together the first time. This is not necessarily about ‘waving the…more
It’s the economy, stupid. In this week’s Bulletin, Justin Cotton (partner and head of practitioner advocacy) summarises the economic forecast for residential building in Victoria, as discussed at a recent HIA breakfast. While…more
What are variations? How should a builder or owner approach variations to a building contract? This article by Stefano Marchesinpoints out the elements that must be considered before variations can be properly claimed or…more
The attached paper was delivered to a legal forum by Professor Kim Lovegrove on Thursday the 7th of March 2013. The paper traverses the ways by which contractual dispute resolutions fashion dispute resolution options and…more
Can building surveyors be personally liable? Yes. The personal liability of building surveyors is determined by the application of well established legal 'tests' from the law of negligence, as well as legislative provisions…more
Towards the end of 2012, the Victorian Government announced an initiative to remodel the regime for the registration and discipline of building practitioners, plumbers, and architects in the State. Each of these three were…more
This recent fire inferno at the Kiss nightclub in Brazil once again brings fire regulation and fire regulatory compliance into focus. The carnage provides salutary lessons on the importance of fire regulations and the need to…more
The Dangers in 'Off-the-Plan' Contracts (Victorian readership)
The astute purchaser knows that buying “off the plan” isn’t straight forward and thus seeks the advice of a solicitor before signing. This article is an…more
The Dangers in 'Off-the-Plan' Contracts (Victorian readership)
The astute purchaser knows that buying “off the plan” isn’t straight forward and thus seeks the advice of a solicitor before signing. This article is an…more
A caveat in relation to property is essentially a notice recorded on the title to protect an interest in that land which is not yet registered, or which is not able to be registered. In practice it serves a dual role of…more
In many high end residential building projects, the role of the architect in administering the contract is key, as is their involvement in design of the works. Justin Cotton, Partner, examines why the architect administering…more
Professional misconduct inquiries can feel deeply personal and stressful. This week Justin Cotton, partner and head of practitioner advocacy, considers the need to strike the right balance between co-operating with the inquiry…more
The construction economies in much of the world are sluggish, money is tight and risk is high. This article written by Professor Kim Lovegrove a seasoned litigator of 25 years standing provides pointers and important maxims…more
Condolences to the families and those grieving of the 20 little souls who recently died at the Sandy Hook Elementary School in Newton, Connecticut, USA. For further amplification of the grief we feel, read the plea for reforming…more
The last twelve months have seen the Victorian building industry tread a rocky road with some difficult business conditions, as well as facing some difficult questions from the press and from the public. This article by Alex…more
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