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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 […]

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

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

A trade mark is your registered brand and is used to distinguish your business from other products and services. A trade mark can be a letter, number, word, phrase, logo, image, sound, movement, shape or scent. Some clients believe that registering a business name is the same as a trade mark, but this is not

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

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

A cost-plus contract price is not fixed, the builder only has to give the owner a reasonable estimate of the works, whereas a fixed price contract sets a specific dollar amount for the project. There is much conjecture at the moment that builders are better protected against price increases if they enter into a cost-plus

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

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