Spectrum – Construction & Builders

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 …

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Spectrum Speaks – Volume 6

Spectrum Lawyers and Spectrum Coach have joined forces offering builders and contractors the unique opportunity to receive a full spectrum of services from sales & marketing; home designs; business coaching; operations, and legal advice all in one. To keep you up to date on everything happening in the industry, they have developed Spectrum Speaks. This …

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VCAT delays and alternate dispute resolution options

Global supply chain issues and trade shortages are resulting in many homebuyers experiencing delays in the construction of their new homes. But the delays don’t stop there. Victorian Civil and Administrative Tribunal (VCAT) is also experiencing delays due to staff shortage, COVID-19 restrictions and the move to online systems. According to The Age, homeowners, builders …

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Conveyancing – everything you need to know

When you are purchasing or selling a property you should engage a conveyancer (or lawyer practising in conveyancing transactions). What is ‘conveyancing’?  Conveyancing is the legal process of transferring ownership of a property. Do I need a conveyancer or a lawyer? A conveyancer is specifically trained and experienced in conveyancing transactions.  Whereas a lawyer has …

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Case study – Ramirez v Sherridon Pty Ltd

Recently we successfully brought a claim for a first-time homeowner against a Builder in a VCAT matter. Ramirez v Sherridon Pty Ltd (Building and Property) [2022] VCAT 405, relates to a domestic building dispute where the Applicants (“the Owners”) issued proceedings in the Victorian Civil Administrative Tribunal against the Respondent (“the Builder”) which relates to …

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Defective building works and seeking damages

In a recent VCAT decision (Miller & Anor v Pomphrey (Building and Property) [2022] VCAT 140), the Applicants (“the Owners”) issued proceedings in the Victorian Civil Administrative Tribunal against the Respondent (“the Builder”) seeking damages for defective building work. This case shows how damages can be calculated by either the cost of replacement or the …

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