Lovegrove & Cotton
Construction Law & Planning Law Weekly Bulletin
Monday 10 November 2014
Cost “blow out” Liabilities for Architects Administering Building Contracts (Australian Readership) By Peter Micevski, Construction and Planning Solicitor, Lovegrove Smith & Cotton
In this article Peter Micevski outlines a case handed down laws month by the Federal Court. The Court found that an architect was personally liable to his client where the client sustained losses as a result of reliance on incorrect and incomplete information given to him by his architect. The Court also found that the architect engaged in misleading or deceptive conduct during a tendering process by providing inaccurate costs estimates to his client.
Section 173 Agreements Explained: It Doesn’t Need to be a Riddle (Victorian Readership) By Peter Micevski, Construction and Planning Lawyer, Lovegrove Smith & Cotton
This article by Peter Micevski explores frequently asked questions about agreements under section 173 of the Planning and Environment Act 1987 (Vic). A Section 173 Agreement is a legal contract made between a responsible authority (i.e. your local council) and an owner of land (normally the registered proprietor) or a person in anticipation of that person becoming the owner of the land.
Variations in Commercial Building Projects – Keeping the Paper Trail & Keeping the Faith (Australian Readership) By Justin Cotton, Partner, Construction and Practitioner Advocacy, Lovegrove Smith & Cotton, Construction and Commercial Lawyers
Justin Cotton has written a pertinent article on variations in commercial building projects. The article outlines some of the pitfalls that builders may find themselves in – in relation to variations on commercial projects. Mr. Cotton’s experience in the area has allowed him to develop an acute acumen in relation to commercial projects. The article “Keeping the paper trail & keeping the faith – variations in commercial building projects”, is a must read for all builders and related parties. It provides a keen insight into what needs to be done regarding variations to avoid later disputes.
Owners’ Guide to Victorian Building Law & Building Contracts (Victorian Readership)
The “Owners’ Guide to Victorian Building Law & Building Contracts” is one of the most viewed resources in the Lovegrove Smith & Cotton E-Library. This book provides a holistic synopsis of Victorian building law and building contracts for Owners. Lovegrove Smith & Cotton have received tremendous feedback in regard to this book.
Residential Builders And Contract Administration: The Courts’ New Hard Line Approach (Australian Readership) By Justin Cotton, Partner, Construction and Practitioner Advocacy, Lovegrove Smith & Cotton, Construction and Commercial Lawyers
In a must read for residential builders, a recent decision of the Supreme Court (Court of Appeal) has turned prior decisions on their head regarding the meaning of Lock Up completion and has adopted a strict approach to notices of suspension. This case highlights how critical it is, as it ever was, for builders to ensure that their contract administration and paperwork is watertight and correct. Justin Cotton has prepared an insightful article on this decision of Cardona v Brown and what it means for domestic builders.
Ebola may be off the front pages of the press but it is still raging in Sierra Leone as the body count continues to climb. Attached is an article published in the New Zealand Law Society magazine on an interview with one of our partners, who is involved in preparing a draft Ebola standard.
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.