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Building & Construction

News and updates about building & construction

Critical Lessons for Builders from the Crema v Malvern Principal Case on the Question of Performance Security and Liquidated Damages Building & Construction

Critical Lessons for Builders from the Crema v Malvern Principal Case on the Question of Performance Security and Liquidated Damages

In a recent Tribunal decision, Crema Constructions Pty Ltd v Malvern Project Developments Pty Ltd and Ors (Building and Property) [2026] VCAT 49, Deputy Preside

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Why Off-Site Constructions Need On-Point Legal Drafting Building & Construction

Why Off-Site Constructions Need On-Point Legal Drafting

As we begin 2026, the Victorian residential landscape is shifting. Under the Victorian Housing Statement, the State Government has set an ambitious target of 80

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Final Payment or Final Say – What Merkon v Residence Company Teaches Builders About Getting Paid Building & Construction

Final Payment or Final Say – What Merkon v Residence Company Teaches Builders About Getting Paid

The Supreme Court of Victoria recently handed down a decision that has big implications for builders chasing final payments and for developers relying on certif

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Legal Precedents Shaping the Building Industry Building & Construction

Legal Precedents Shaping the Building Industry

The construction and building sector in Victoria is governed by stringent legal requirements designed to protect homeowners, developers, builders, and contracto

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Does a Conditional Occupancy Permit Mean You Have Not Achieved Completion? Building & Construction

Does a Conditional Occupancy Permit Mean You Have Not Achieved Completion?

Business Analysis of Troise v Blue Key Properties Pty Ltd (Building and Property) [2025] VCAT 9

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Building Legislation Amendment (Buyer Protections) Bill 2025 Building & Construction

Building Legislation Amendment (Buyer Protections) Bill 2025

The Building Legislation Amendment (Buyer Protections) Bill 2025 introduces significant reforms to Victoria’s building industry, strengthening consumer protecti

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Reasonable and Necessary Rectification Costs Building & Construction

Reasonable and Necessary Rectification Costs

The case of Castellan v Icecorp Pty Ltd [2024] VCACT 1120 centres around a contractual dispute arising from a construction project involving two townhouses. The

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Building on Mistakes – Structural Defects Building & Construction

Building on Mistakes – Structural Defects

Key Lessons from Whitaker v F.P & H.S Keogh Pty Ltd

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Unfair Contract Terms in the Building Industry Building & Construction

Unfair Contract Terms in the Building Industry

Contracts are the administrative foundations of the building and construction industry. However, when contracts are skewed in favour of one party - often the more

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Understanding Domestic Building Contracts: Single Trade Works Building & Construction

Understanding Domestic Building Contracts: Single Trade Works

When planning a domestic building project, it’s important to understand the legal framework that governs these activities. Homeowners and builders alike can oft

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Fencing, Tree, and Adverse Possession Disputes: A Guide for Victorian Property Owners Building & Construction

Fencing, Tree, and Adverse Possession Disputes: A Guide for Victorian Property Owners

In Victoria, disputes between neighbours over shared boundaries are common and can escalate into complex legal conflicts. Issues involving fences, trees, and la

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Case Study: Termination of a Domestic Building Contract Building & Construction

Case Study: Termination of a Domestic Building Contract

The Victorian Civil and Administrative Tribunal (VCAT) case of Mikhali v Soliman (Building and Property) [2024] VCAT 616 focuses on the entitlements of parties

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Retention Monies in Payment Claims: Insights from Hunters Green Retirement Living Pty Ltd v J.G. King Project Management Pty Ltd Building & Construction

Retention Monies in Payment Claims: Insights from Hunters Green Retirement Living Pty Ltd v J.G. King Project Management Pty Ltd

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

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Contractual Disputes: Lessons for Builders Building & Construction

Contractual Disputes: Lessons for Builders

In a recent case at the Victorian Civil and Administrative Tribunal (VCAT), Barbican Construction Group Pty Ltd (Barbican), a respected construction firm in Vic

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Builder insights: AMO Rifat Holdings Pty Ltd v Dib case Building & Construction

Builder insights: AMO Rifat Holdings Pty Ltd v Dib case

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 sta

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The Importance of Experts in Construction Disputes Building & Construction

The Importance of Experts in Construction Disputes

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

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Have You Reviewed Your Procurement Contracts? Building & Construction

Have You Reviewed Your Procurement Contracts?

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

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A Must-Have Guide on Managing Building Disputes Building & Construction

A Must-Have Guide on Managing Building Disputes

Building disputes, unfortunately, are not uncommon and can arise due to a multitude of reasons including defects, delays, variations, payments, or quality conce

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Understanding Your Rights Under the Domestic Building Contracts Act 1995 Building & Construction

Understanding Your Rights Under the Domestic Building Contracts Act 1995

The Domestic Building Contracts Act 1995 (Vic) – 'the Act' – stands as a crucial legal framework governing the obligations and prerequisites of both homeowners

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The Damp Dilemma: Water Ingress & Mould in Victorian Construction Building & Construction

The Damp Dilemma: Water Ingress & Mould in Victorian Construction

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 increasi

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Are you a Porter Davis homeowner impacted by their colapse? Building & Construction

Are you a Porter Davis homeowner impacted by their colapse?

If you are one of the homeowners impacted by Porter Davis going into liquidation, you're probably wondering what you can do from here. Below are our 5 tips on h

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What is repudiation? Building & Construction

What is repudiation?

There are many complexities and challenges that can arise during construction projects. However, there is a critical aspect that often goes overlooked – underst

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Navigating Building Disputes: Get the Support You Need Building & Construction

Navigating Building Disputes: Get the Support You Need

Dealing with a building dispute can feel overwhelming, especially if you're not familiar with the legal complexities involved. In Victoria, specific laws and re

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Everything you need to know about trade marks Building & Construction

Everything you need to know about trade marks

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, phr

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

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 w

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Case Study – why statutory notice provisions matter Building & Construction

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 re

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Do you have Procurement Contracts to protect your business? Building & Construction

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

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

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 involv

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

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 Contractor

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Cost-plus v fixed price contracts Building & Construction

Cost-plus v fixed price contracts

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 specif

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Conveyancing – everything you need to know Building & Construction

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).

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VCAT delays and alternate dispute resolution options Building & Construction

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

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The importance of reviewing your contracts Building & Construction

The importance of reviewing your contracts

It is common for us to be asked to review a contract – whether it is a building contract, a consultancy contract, a contract of sale or a procurement contract –

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Case study – Ramirez v Sherridon Pty Ltd Building & Construction

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.

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Defective building works and seeking damages Building & Construction

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

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Goodbye 2021, hello 2022! Building & Construction

Goodbye 2021, hello 2022!

I know everyone is saying it, but 2021 certainly was an intense year!

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New year, new services! Building & Construction

New year, new services!

It’s funny how at the end of the year all you can think about is having a break, maybe going on a holiday and the fun the festive season will bring. However, it

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Are you ready for 2022? Building & Construction

Are you ready for 2022?

As we approach the end of the year, many people are counting down until the break – especially this year! As much as we all deserve a break and some downtime, t

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What is involved in Building Litigation at VCAT? Building & Construction

What is involved in Building Litigation at VCAT?

If you find yourself in the unfortunate position where you’re in a dispute with your builder or the owner of a property, you may be able to take your dispute to

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Construction to re-open with heavy restrictions Building & Construction

Construction to re-open with heavy restrictions

The Victorian Government confirmed that the shutdown of the construction industry will end, and the construction sector can reopen on Tuesday 5 October 2021 wit

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Water damage – who is liable? Building & Construction

Water damage – who is liable?

Case study – Bhati v Pannu [2021] VCAT 946

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Calderbank offers Building & Construction

Calderbank offers

A Calderbank offer is a powerful tool in commercial litigation. It is the recognised practice of making a "without prejudice" offer but reserving the right to r

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Service of documents – what you need to know Building & Construction

Service of documents – what you need to know

Service of Documents

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A mandatory stay of proceedings to be heard in VCAT Building & Construction

A mandatory stay of proceedings to be heard in VCAT

Case study – Impresa Construction v Oxford Building [2021] VCC 1146

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Case Study – Algebra Tip Pty Ltd v D&M Group (Vic) Pty Building & Construction

Case Study – Algebra Tip Pty Ltd v D&M Group (Vic) Pty

This month we successfully represented our client in an interesting matter about whether a ‘rooming house’ is domestic building works within the meaning of the

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Amendments to the Australian Consumer Law – Part 2 Building & Construction

Amendments to the Australian Consumer Law – Part 2

The Australian Consumer Law (ACL) includes national unfair contract terms laws covering standard form consumer and small business contracts, a national law guar

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Building works are practically complete, so what’s next? Building & Construction

Building works are practically complete, so what’s next?

Nothing is more satisfying than seeing Building Works coming together as a project nears practical completion. Sometimes though, Builders prematurely issue the

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Top 100 Women Building & Construction

Top 100 Women

People often ask me, “Why construction law?” and sometimes this is difficult to answer – as it was not an area I chose, rather it was an area that chose me. Whe

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Amendments to the Australian Consumer Law – Part 1 Building & Construction

Amendments to the Australian Consumer Law – Part 1

The Australian Consumer Law (ACL) sets out consumer rights that are called consumer guarantees. These include your rights to a repair, replacement or refund as

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Building disputes and measuring damages Building & Construction

Building disputes and measuring damages

In building disputes, the question of how to appropriately measure damages is often a point of contention. The courts have considered this issue in this context

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But I didn’t intend for my promotion to be misleading Building & Construction

But I didn’t intend for my promotion to be misleading

Knowing your audience is critical when developing your marketing messages. Consider the knowledge levels of an investor purchasing his fifth property vs a first

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STAGE 4 RESTRICTIONS AND THE IMPACT ON THE BUILDING INDUSTRY Building & Construction

STAGE 4 RESTRICTIONS AND THE IMPACT ON THE BUILDING INDUSTRY

Whether you’re a builder, a tradesperson or operate a garden maintenance business, Stage Four restrictions in metropolitan Melbourne have had a huge impact on t

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2020… Adapting to the new norm. Building & Construction

2020… Adapting to the new norm.

I first opened the doors to Spectrum Lawyers in January 2018. Who could have known how much would happen in just a year and a half!

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COVID-19 – Stage 4 Construction Update Building & Construction

COVID-19 – Stage 4 Construction Update

The Government has now provided a Stage 4 Construction Guidance

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10 tips for preparing or amending your standard building contracts Building & Construction

10 tips for preparing or amending your standard building contracts

Builders often rely on pro-forma contracts as they are standard and easier. But because they are standard, they do not always cover everything, so a builder may

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Prime Costs and Provisional Sums, why a lump sum allowance is not enough Building & Construction

Prime Costs and Provisional Sums, why a lump sum allowance is not enough

How often have you heard a builder or owner say, “We’ll just put in an allowance for that and figure it out later”? But what if you actually build the home and

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Protection Works Building & Construction

Protection Works

It’s easy to get swept up in the excitement of building your own home, and sometimes that means you can forget things like ensuring your works do not impact on

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Limitation periods in building actions Building & Construction

Limitation periods in building actions

Often there is confusion around the limitation period for building actions as there are some different periods for insurance – that is:

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Are trees damaging your property? Building & Construction

Are trees damaging your property?

Some of my clients are presenting me with ‘defective building’ dispute cases, which at first glance are based on allegations of slab movement. This begs the que

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Domestic builder disputes Building & Construction

Domestic builder disputes

Building a home can be a long and complicated process. Even though all parties usually go into things with the best intentions, it doesn’t always go smoothly.

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Debt Recovery Building & Construction

Debt Recovery

Practical steps businesses can take to tighten their invoicing and payment processes, and what to weigh up before pursuing legal action to recover an unpaid debt.

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Benefits of in-house legal Building & Construction

Benefits of in-house legal

Most people will say lawyers don’t understand business. And it’s true that a lawyer can’t step in and play the role of a CEO, a General Manager, or the people o

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Navigating Building Warranty and Insurance Claims Building & Construction

Navigating Building Warranty and Insurance Claims

What you need to know about building warranty periods, insurance requirements, and how to make a claim when defects are discovered in your new home.

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Understanding Your Rights Under the Domestic Building Contract Building & Construction

Understanding Your Rights Under the Domestic Building Contract

A comprehensive guide to your rights and obligations under a domestic building contract in Victoria, including key clauses, variation processes, and dispute resolution options.

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