When Construction Goes Wrong, Insurance Can Step In
Building a home is meant to be one of the most rewarding experiences of your life. It’s where savings, ideas, and emotions come together to create something meaningful – a place to live, grow, and feel safe. But sometimes, the process doesn’t go to plan. Defective work, delays, or even a builder who walks off […]
The Hidden Promises in Your Building Contract
When you sign a domestic building contract, you might assume that everything you’re agreeing to is written on the page. But what if we told you that, under Victorian law, you’re also agreeing to a series of promises outlined in legislation? These promises are known as implied warranties – non-negotiable obligations that apply by law […]
Vaughan Constructions Pty Ltd v Melbourne Water Corporation: Is VCAT a court under the Wrongs Act 1958 (Vic) Part IV?
Case citation: Vaughan Constructions Pty Ltd v Melbourne Water Corporation [2022] VCAT 633 Case Note Facts On 19 October 2018, Biodiversity entered into a contract with Vaughan for the construction of a building on land in Epping owned by KV Cooper Pty Ltd and Drakon Investments Pty Ltd. On the same day, Biodiversity entered into […]
Submission to Parliamentary Inquiry into Payments to Subcontractors
Background to Inquiry and Submission A submission to an inquiry headed by the Legislative Assembly Environment and Planning Committee, Victoria, has been made by Harriet Warlow-Shill, founder and principal of Warlows Legal. This inquiry relates to employers and contractors who refuse to pay their subcontractors for completed works. The Committee will examine the mechanisms currently […]
Reforming VCAT: Addressing Delays in Building Dispute Resolutions
Reforming VCAT: Addressing Delays in Building Dispute Resolutions Did you know that the median time to resolve a building dispute in Victoria now stands at an alarming three years? This is one of the many challenges currently facing the Victorian Civil and Administrative Tribunal (VCAT), Victoria’s principal forum for resolving domestic construction disputes. The complexity […]
Outside VCAT’s Jurisdiction
VCAT was established to provide fair, efficient and affordable justice to the Victorian community. Recent decisions such as Thurin v Krongold Constructions 120221 VSCA 226 Thurin) and Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and Property) 120231 VCAT 233 (Vaughan) have raised concerns about VCAT’s future viability as an effective forum for dispute […]
Do You Have to Make Progress Payments to Your Builder? A Recent Supreme Court Clarification
In the context of large, commercial developments, Victorian law has implemented protections for builders wherein the owner of the site is required to make ‘progress payments’: to pay the builder progressively for their work. Since its passing in 2002, the Building and Construction Industry Security of Payment Act 2002, has awarded the right to builders to make […]
The Curtailing of VCAT’s Powers and the Victorian Consumer
‘Fair, efficient and affordable justice for the Victorian community’. The Victorian Civil and Administrative Tribunal has been a staple of Victoria’s legal system for over two decades, providing applicants with expedient access to justice without the need for legal representation. Further, VCAT cuts costs and wait times with its heavy emphasis on settlement and dispute […]
Rights of Rectifying Defective Construction Work
One of the most common causes for disputes regarding construction contracts is whether the owner can terminate the contract for defective building work or must provide the builder with the opportunity to rectify any such defects. The first step is to determine whether a defect in fact exists. In NSW, defective building falls into two […]
Amendment of the Building Amendment Act
The Building Amendment Act 2021 (the Act) came into force last year October. Its main purpose is to amend the Building Act 1993 in order to facilitate a new registration and licensing scheme for tradespeople and to clarify who must pay maintenance costs for critical safety measures in certain retail premises, and to improve the […]