Doyles Construction Lawyers Newsletter: February 2016

  • Posted by Doyles
  • On March 6, 2016
  • 0 Comments
  • Building Law News, Construction Law Articles, Construction Law Firm News, Construction Law News, Construction Law Newsletter, Doyles News
Welcome to the February edition of the Doyles Construction Lawyers newsletter. We hope you enjoy the articles. Cost Plus – Nirvana or Hedes? Often a contractor celebrates when a customer agrees to contract with him on a cost plus arrangement. A cost plus arrangement can either be a simple cost plus contract or a more […]
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The benefits of mediation in a commercial dispute

  • Posted by Doyles
  • On March 5, 2016
  • 0 Comments
  • Building Dispute Mediation, Building Dispute Resolution, Building law dispute resolution, Construction Dispute Mediation, Dispute Mediation Australia
Court cases are expensive and that legal costs could escalate to an intolerable level. Lawyers will often recommend alternative dispute resolution options – mediation being one. Mediation allows parties to remain in control of their own disputes and outcome while facilitating parties to tell their side of the story to the other party and the […]
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A Costly Case of Slab Heave

  • Posted by Doyles
  • On March 5, 2016
  • 0 Comments
  • Construction Law, Richwall Pty Ltd, Slab Heave, Slab Heave Cases, Slab Heave Law, VCAT
A recent VCAT decision highlights the need for builders to carefully follow engineering drawings when undertaking site excavation and to ensure that proper drainage is installed to stop water reaching the foundation of the slab to prevent the possibility of slab heave. Background to the Dispute Ms Watson was the Owner of a house located […]
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Why litigants should carefully choose expert witnesses

  • Posted by Doyles
  • On March 5, 2016
  • 0 Comments
  • Construction Case Law, Construction Litigation, Nava Homes Pty Ltd
Expert evidence has been identified as one of the principal sources of expense, complexity and delay in civil proceedings. In this article we l outline the consequences that can happen to one of the parties when an “expert” is found to less than objective and not an expert. The moral of the story is to […]
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Cost Plus – Nirvana or Hedes?

  • Posted by Doyles
  • On March 5, 2016
  • 0 Comments
  • Cost Plus, Cost Plus Construction Arrangement, Cost Plus Contracts
Often a contractor celebrates when a customer agrees to contract with him on a cost plus arrangement. A cost plus arrangement can either be a simple cost plus contract or a more complex cost plus deal like a guaranteed maximum price with share of savings. However, contractors should realise that the cost plus type of […]
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Security of Payment – Construction Contracts WA

  • Posted by Doyles
  • On March 5, 2016
  • 0 Comments
  • Adjudication Process, Construction Contracts WA, Dispute Resolution, Payment Dispute Law, Security of Payment
When entering into a contract for building and construction work it is important for all parties to understand what the process is if a dispute arises over payment of money under the contract. Regardless of whether the contract is written or oral, if a dispute arises about payment there is a legislated process to resolve […]
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Charges, winding up and the construction industry in NSW

  • Posted by Doyles
  • On March 5, 2016
  • 0 Comments
In a recent decision of the Supreme Court of NSW, NSW Land and Housing Corp v DJ’s Home and Property Maintenance (In Liq) the Court considered: whether a payment withholding request under the Building and Construction Industry Security of Payment Act (the Security of Payment Act) constituted a charge over funds due to be paid […]
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5 Tips and Traps in Home Building Contracts For Owners in Victoria

  • Posted by Doyles
  • On March 5, 2016
  • 0 Comments
  • Construction Lawyers Victoria, Domestic Building Contracts Victoria, Domestic Building Works, Victoria Building Law
You are required to enter into a major domestic building contract in Victoria, when the total cost is $5,000 or more and you carry out domestic building works which includes building; Repairs; Improvements; Maintenance; Demolition; and/or Removal. Before you sign a domestic building contract, there are a number of things that you should check. Is […]
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Arbitration – A Value Option

  • Posted by Doyles
  • On March 5, 2016
  • 0 Comments
  • Arbitration, Arbitration Melbourne, Construction Arbitration, Contract Disputes, Jim Doyle
Recently Jim Doyle acted for a contractor and who wished to collect the final payment of his project in Melbourne. A review of the contract revealed that disputes were to be settled by arbitration and this presented a quicker method of resolution than normal litigation. The arbitration started with a Notice of Dispute in April […]
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Doyles Construction Lawyers Newsletter: December 2015

  • Posted by Doyles
  • On March 5, 2016
  • 0 Comments
  • Building Law News, Construction Law Articles, Construction Law Firm News, Construction Law News, Construction Law Newsletter, Doyles News
Welcome to the December edition of the Doyles Construction Lawyers newsletter. We hope you enjoy the articles.   Arbitration – a valuable option Recently Jim Doyle acted for a contractor and who wished to collect the final payment of his project in Melbourne. A review of the contract revealed that disputes were to be settled […]
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