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

Posted by Doyles
On July 23, 2016
0 Comments
5 Tips and Traps for Owner in Victoria, Builder and Contracts, Builder Tips, Building Contract Tips, Contract Tips Australia

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

Posted by Doyles
On July 12, 2016
0 Comments
Breach of Contract, Building Defects, Building Defects Law, Defective Balconies, Dilapidation, Dilapidation reports, Guney & Ors v CFM Property Group, Legal Rights on Building Defects

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 […]

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 […]

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 […]

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 […]

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 […]

Posted by Doyles
On September 30, 2015
0 Comments
CGM Investments & ANOR, Supreme Court of New South Wales, Wallera

WALLERA PTY LTD V CGM INVESTMENTS PTY LTD & ANOR [2001] NSWSC 96 Supreme Court of New South Wales – 1 March 2001 FACTS Wallera had franchised a carpet dry-cleaning process from CGM and Whistle. The process of electromagnetically dry-cleaning carpets (“the process”) that was used by Wallera and the use of the name “Electrodry” (“the […]

Posted by Doyles
On September 30, 2015
0 Comments
Supreme Court of New South Wales, Vince Schokman & ANOR, Xception Construction & ANOR

VINCE SCHOKMAN & ANOR V XCEPTION CONSTRUCTION PTY LTD & ANOR [2005] NSWSC 297 Supreme Court of New South Wales – 4 April 2005 FACTS Xception Construction Pty Ltd (‘Xception’) entered into a construction contract with Vince Schokman (‘Schokman’) for the carrying out of construction work at Stotts Street, Bilambil Heights in New South Wales. On […]

Posted by Doyles
On September 30, 2015
0 Comments
Delstrat & ANOR, Supreme Court of Western Australia, Villani & ANOR

VILLANI & ANOR V DELSTRAT PTY LTD & ANOR [2002] WASC 112 Supreme Court of Western Australia – 16 May 2002 FACTS This proceeding involved an application by Mr. & Mrs Villani to set aside the award of an arbitrator for misconduct by failingto decide substantial pleaded issues between the parties. Mr. & Mrs Villani […]

Posted by Doyles
On September 30, 2015
0 Comments
Brisbane City Council, Supreme Court of Queensland, Victoria Park Golf Club Inc

VICTORIA PARK GOLF CLUB INC V BRISBANE CITY COUNCIL [2001] QSC 225 Supreme Court of Queensland – 29 June 2001 FACTS The Council was the owner (on trust) of land used for a golf course. The golf club operated a clubhouse on the land and its members had entitlements to use the golf course. During the […]

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Casewatch List

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

Building Defects : Defective Balconies

The benefits of mediation in a commercial dispute

A Costly Case of Slab Heave

Why litigants should carefully choose expert witnesses

Charges, winding up and the construction industry in NSW

Wallera v CGM Investments & ANOR

Vince Schokman & ANOR v Xception Construction & ANOR

Villani & ANOR v Delstrat & ANOR

Victoria Park Golf Club Inc v Brisbane City Council