Lovegrove & Cotton
Construction Law & Planning Law Weekly Bulletin
Monday 27 October 2014
Risk, Lending and Damage Control in the Building Industry (Australian Readership) By Conjoint Professor Kim Lovegrove F.A.I.B
Having practised law for 25 years and having had experience with project insolvencies, holes in the ground, union black bans, project administration and project resuscitation, we are well credentialed to provide insights on loss containment. The banks often say the “first loss is the best loss.” The difference between financial obliteration when a project goes off the rails and project resuscitation has everything to do with tried and true strategies that are canvassed in this paper.
Extension of Time Claims (Victorian Readership) By Blaise Alexander, Solicitor, Property, Construction and Planning Law, Lovegrove Smith & Cotton
In any commercial or domestic building project there can be unforseen delays in the estimated time for completion of the works. Failure to immediately notify the owner and make a claim for an Extension of Time (“EoT”) can have catastrophic financial consequences in terms of liability under the contract for liquidated damages. This article by Blaise Alexander discusses Extension of Time claims, what they are and how and when a builder should apply for one.
Is the Time Limit to Sue a Victorian Building Practitioner 6 years, or is it 10 years?(Victorian Readership) By Justin Cotton, Partner, Construction and Practitioner Advocacy, Lovegrove Smith & Cotton, Construction and Commercial Lawyers
On the question of how long an owner or developer has to sue a building practitioner after the damage arises, there has been much uncertainty in Victoria about whether this is a period of just 6 years if the claim is for breach of a contract, or whether it is 10 years to bring a building action regardless of the nature of the claim. Obviously the shorter the period, the better for building practitioners, but as Justin Cotton, partner and head of practitioner advocacy writes here, in August this year the Supreme Court confirmed the operation of 10 years as per the Building Act 1993 for all claims.
Defending Misconduct Inquiries Before the BPB(Australian Readership) By Justin Cotton, Partner, Construction and Practitioner Advocacy, Lovegrove Smith & Cotton, Construction and Commercial Lawyers
This practical article by Justin Cotton, partner and head of advocacy outlines best practice in order to defend an inquiry of professional misconduct before the Building Practitioner’s Board. The article discusses whether or not to contest the charges, the onus of proof required, references and the ingredients of a strong plea in mitigation.
The Beginner’s Guide to Making a Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (NSW readership)By Peter Micevski, construction and planning lawyer, Lovegrove Smith & Cotton
The Building and Construction Industry Security of Payment Act 1999 (NSW) is the primary legislative instrument regulating payment practices in the industry. The Act promotes the flow of progress payments by providing a statutory right for progress payments and a mechanism to quickly and fairly resolve disputes. For contractors, subcontractors, consultants or suppliers involved in a construction project it is the ‘ace of spades’ that can be used to ensure payments owing to them are paid to them promptly. This article by Peter Micevski is a beginner’s guide to navigate through the Act.
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.