Revision, Correction and Withdrawal of Payment Claims

Valeo Construction v Pentas [2018] VSC 243 FACTS Valeo Construction Pty Ltd (the Plaintiff) and Pentas Property Investments Pty Ltd (the Defendant) entered into a contract whereby the Plaintiff would construct a five-storey residential apartment building, with two levels of basement car-parking and some commercial tenancies at 178 Victoria Avenue, Albert Park (the site) in […]

Mend Your Own Fences

SANDERS and GEMMILL HOMES PTY LTD [2017] WASAT 41 FACTS On July 2016, the original Tribunal dismissed two complaints brought by the Geoffrey Frank Sanders (Sanders) against Gemmill Homes Pty Ltd (Gemmill Homes) and found a third complaint of faulty workmanship to be successful. Sanders sought an order from the original Tribunal requiring work to […]

Adjudicators Can be Wrong at Law

SHADE SYSTEMS PTY LTD v PROBUILD CONSTRUCTIONS (AUST) PTY LTD (NO 2) [2016] NSWCA 379 FACTS The adjudicator had made a determination in favour of Shade Systems in the amount of $277,755.03, and in arriving at that amount had rejected Probuild’s claim for liquidated damages that would have otherwise offset the entire adjudicated amount. Probuild […]

Builder and Contracts : 5 Tips and Traps for Owner in Victoria

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. 1. Is the builder registered with […]

Building Defects : Defective Balconies

Due to the widespread construction of high density apartments and townhouses there has also been an increase in the construction of balconies. Balconies are susceptible to water damage which can lead to damage to the internal elements of the building. The defective construction of balconies has become an increasingly common dispute affecting owners’ corporations. In this article we look […]

The benefits of mediation in a commercial dispute

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 […]

A Costly Case of Slab Heave

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 […]

Why litigants should carefully choose expert witnesses

  If you or someone you know wants more information or needs help or advice, please contact us on 1800 888 783 or email doyles@doylesconstructionlawyers.com. For a free PDF of this article, please click the link below: Doyles Construction LawyersDoyles Construction Lawyers is your one-stop for all legal matters related to construction law, building law, […]

Charges, winding up and the construction industry in NSW

  If you or someone you know wants more information or needs help or advice, please contact us on 1800 888 783 or email doyles@doylesconstructionlawyers.com.   For a free PDF of this article, please click the link below: Doyles Construction LawyersDoyles Construction Lawyers is your one-stop for all legal matters related to construction law, building […]

Wallera v CGM Investments & ANOR

  For a free PDF of this Casewatch, please click the link below: Doyles Construction LawyersDoyles Construction Lawyers is your one-stop for all legal matters related to construction law, building law, and dispute resolution in Australia.