Spectrum Lawyers and Spectrum Coach have joined forces to offer builders and contractors a comprehensive range of services, covering everything from sales and marketing to home designs, business coaching, operations, and legal advice—all under one roof. To keep you informed about industry developments, we’ve created Spectrum Speaks. This quarterly newsletter will ensure you’re always ahead […]
Spectrum Speaks – Volume 12 Read More »
The Victorian Civil and Administrative Tribunal (VCAT) case of Mikhali v Soliman (Building and Property) [2024] VCAT 616 focuses on the entitlements of parties following the termination of a domestic building contract under section 41 of the Domestic Building Contracts Act 1995 (Vic) (‘the Act’). This case determines what is owed and to whom under
Case Study: Termination of a Domestic Building Contract Read More »
In a recent case at the Victorian Civil and Administrative Tribunal (VCAT), Barbican Construction Group Pty Ltd (Barbican), a respected construction firm in Victoria, faced a significant dispute with homeowners Ian McColl and Xun (Monica) Qing over a residential extension project. Here’s a breakdown of the case and key takeaways for builders. Background and Contractual
Contractual Disputes: Lessons for Builders Read More »
The case of Hunters Green Retirement Living Pty Ltd (‘the developer’) v. J.G. King Project Management Pty Ltd (‘the contractor’) [2023] VSC 536, brought to the Supreme Court of Victoria, centres on a significant issue under the Building and Construction Industry Security of Payment Act 2002 (Vic) (‘the Act’). The primary question was whether retention
The recent VCAT decision in AMO Rifat Holdings Pty Ltd v Dib sheds light on key aspects of domestic building work, offering crucial insights for builders on stage completion, defect rectification, progress payments, and contractual disputes. In this case, the builder and owners entered into a contract for constructing a three-storey house with a contract
Builder insights: AMO Rifat Holdings Pty Ltd v Dib case Read More »
When you find yourself involved in a VCAT dispute concerning home construction, whether you’re the builder or the homeowner, the role of expert evidence cannot be underestimated. Despite parties believing they have ample “evidence” through emails, conversations, and their own interpretations of documents and works, it’s challenging, if not impossible, for the Tribunal to make
The Importance of Experts in Construction Disputes Read More »
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
Spectrum Speaks – Volume 11 Read More »
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
Spectrum Speaks – Volume 10 Read More »
There are many challenges in the world of construction, but the persistent issue of water ingress and mould is causing huge problems, especially in the increasing landscape of apartments and townhouses in Victoria. The root of the problem lies in the insufficient waterproofing of balconies, compounded by a lack of registration for both waterproofers and
The Damp Dilemma: Water Ingress & Mould in Victorian Construction Read More »
With the implementation of new regulations surrounding unfair contract terms, scheduled to take effect on November 10, 2023, it’s a crucial time for businesses to evaluate their standard form contracts. This review is essential to ensure that your contracts are free from unfair terms which are now prohibited, as breaches can result in substantial penalties.
Have You Reviewed Your Procurement Contracts? Read More »