Lovegrove & Cotton
Construction Law & Planning Law Weekly Bulletin
Monday 1 December 2014
Building Surveyors and their part in Building Actions (Australian readership) By Justin Cotton, Partner and Head of Practitioner Advocacy, Lovegrove Smith & Cotton
A building surveyor or certifier is not a builder, building supervisor or clerk of works and yet at the same time they have been said to have to ‘condescend to the minutiae’ in reviewing building plans. This week Justin Cotton, partner and head of practitioner advocacy asks which interpretation is relevant or is it some combination of the two. He also mulls over the common occurrence of building surveyors being joined along with the builder in court or tribunal claims for building defects and other building actions. Click here to access Justin’s article on these points.
Building Dispute Resolution in the Third Millennium (Australian readership) By Conjoint Professor Kim Lovegrove F.A.I.B
This article by one of our partners published on Sourceable discusses the new paradigm of dispute resolution. It is now crucial for a building lawyer to have stellar negotiation and mediation skills in order to ensure that disputes are quickly “nipped in the bud”. Please click here to access the article.
Winding Up Notices (Australian Readership) By Blaise Alexander, Solicitor, Property, Construction and Planning Law, Lovegrove Smith & Cotton
The best way to avoid a winding up notice is to ensure that you have paid your debts and do not have creditors lining up to seek what they are owed. However, in a not so perfect world you may find yourself on the receiving end of a notice of an application for winding up of your company. Click here to read this article by Blaise Alexander that briefly examines the appropriate action for a winding up notice
Damage Control and the Commercial Imperative in the Property Sector (Australian readership) By Conjoint Professor Kim Lovegrove F.A.I.B
This paper is an address to FINSIA, the attendees were property developers, builders, insurers and lenders. The paper traverses issues concerning projects going “belly up”. As the old saying goes “when the shark bites stop the bleeding”. To access this article please click here.
Design and Construct Contracts – Who Cops it in the Neck When Things Go Wrong? (Australian readership) By Conjoint Professor Kim Lovegrove FAIB
D&C or D&B contracting is the “darling” of the development fraternity. But for those that are unfamiliar with the profound differences between D&C and good old fashioned lump sum build contracts, such ignorance can prove to be fatal. D&C is very much about risk migration and alas invariably it is the contractor that is the “poor blighter” who gets clobbered when things go wrong. So for those who are besotted with the much celebrated D&C mode of contract, click here to read the article and see whether the lust abates.
The Lovegrove Smith & Cotton’s E-Library is a free online resource of articles, which puts a wealth of information at your fingertips. The articles in the E- Library have been written by lawyers and a number of them have been published in the Australian, The Age and the Herald Sun. Some of the articles date back to the 1990’s.