construction law Archives

A New Era For the Victorian Building Authority

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Victorian Government Overhauls Building Regulations to Protect Homebuyers and Builders The Victorian government has unveiled substantial changes to its building regulation system, introducing a new oversight body, the Building & Plumbing Commission, which will replace the Victorian Building Authority (VBA). This change is aimed at providing stronger protections for homebuyers, builders, and renovators, streamlining […]

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Examining Security of Payments in Nasseri V Wellington

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Case note: Nasseri v Wellington Builders Pty Ltd [2024] VSC 200 Featured in the Law Institute Jounal September Edition! Background Facts The plaintiff, Taraneh Nasseri, sought to redevelop her Kew East property into two townhouses for profit. To that end, she partnered with Ms Candice Hammer by way of a Memorandum of Understanding

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Unik Constructions v Edirisinghe: Defective Works and Deeds

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Unik Constructions Pty Ltd v Edirisinghe (Building and Property) [2024] VCAT 49 (17 January 2024) Background facts In Unik constructions, the respondents were owners of a property they planned to demolish and rebuild into two townhouses, and the applicant was the builder of the property. Due to conflict throughout construction regarding the

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AMO Rifat Holdings Pty Ltd v Dib: Collateral Contracts

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AMO Rifat Holdings Pty Ltd v Dib (Building and Property) [2024] VCAT 419 (6 May 2024) The recent VCAT ruling in AMO Rifat Holdings Pty Ltd v Dib highlights important issues in domestic building projects. It provides essential guidance for builders on topics like completing stages, fixing defects, managing progress payments, and handling contractual

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Expert Strategies for Home Building Contract Negotiations

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Embarking on your dream home journey? Unlock success with these ten professional tips for navigating home building contract negotiations. 1. Builder Due Diligence – Thoroughly vet your builder’s credentials, past projects, and client testimonials. A reliable builder lays the foundation for a seamless home-building experience. 2. Precision in Vision – Clearly communicate your vision, detailing

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Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2

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The case of Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (‘Bryant’) is an appeal from a decision of the Full Court of the Federal Court of Australia. The case concerned the operation of voidable transactions in insolvency. Background Badenoch, a timber logistics business, entered into an agreement with Gunns, a timber

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Sending Notices Under Construction Contracts

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Construction contracts in Australia typically require parties to give notice of certain events or circumstances in order to protect their legal rights and interests. These notices are often referred to as ‘claims’ or ‘notifications’ and can be critical in resolving disputes and avoiding legal proceedings. Notices under construction contracts are typically issues for one

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Do you Have to Make Progress Payments to Your Builder? A Recent Supreme Court Clarification.

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Victorian law requires progress payments to builders on commercial projects. Recent case clarifies exemptions for mixed-use developments with domestic building work. get in touch Warlows is part of the 1% PLEDGEWarlows are now members of HOPE NOW’s mission In the context of large, commercial developments, Victorian law has implemented protections for builders wherein the owner

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construction law

A New Era For the Victorian Building Authority

Examining Security of Payments in Nasseri V Wellington

Unik Constructions v Edirisinghe: Defective Works and Deeds

AMO Rifat Holdings Pty Ltd v Dib: Collateral Contracts

Expert Strategies for Home Building Contract Negotiations

Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2

Sending Notices Under Construction Contracts

Do you Have to Make Progress Payments to Your Builder? A Recent Supreme Court Clarification.

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