spectrumlaw

Can a builder unilaterally end a contract due to increased labour and material costs?

In a recent hearing, Nichol and Anor v Keeble (Building and Property) [2022] VCAT 1449, the Tribunal considered the situation of where a builder abandoned the works, and whether the building works were defective or incomplete, and how damages for breach of contract are assessed. The Applicants (the Owners) were the owners of a residential

Can a builder unilaterally end a contract due to increased labour and material costs? Read More »

Do you have Procurement Contracts to protect your business?

It’s no doubt that in recent times you’ve heard about the increases in construction materials and labour costs, which have affected all builders. The impact of these increases has resulted in many of our clients reviewing their procurement contracts and terms of engagement to best protect their business. What is a Procurement Contract? A procurement

Do you have Procurement Contracts to protect your business? Read More »

Case Study – why statutory notice provisions matter

If a Builder does not comply with the statutory requirements of a variation, is it still entitled to claim the variation monies and extension of time? In the recent decision by NIALL, SIFRIS and WALKER JJA (Victorian Supreme Court of Appeal) in Jolin Nominees v Daniel Investments (Aust) [2022] VSCA 209, it was recently upheld

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Can a builder claim contribution from its subcontractor if works are defective?

In light of recent times and an incredibly tough market, we are seeing an increase in claims whereby the Builder seeks to join third parties (usually Contractors engaged to perform works or verify works) to share any potential damages Order. Recently we saw in the case of Ladyzhenskii v Hallbuild Pty Ltd (Building and Property)

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Domestic Building Dispute Resolution Victoria (DBDRV) – the process explained  

With the various challenges associated with the construction industry at the moment, domestic building disputes are on the rise. These disputes generally involve a combination of property owners, builders, sub-contractors (eg plumber), architects, and engineers. If you find yourself involved in a domestic building dispute, it’s important to understand the appropriate steps to take to

Domestic Building Dispute Resolution Victoria (DBDRV) – the process explained   Read More »

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