Lovegrove Smith & Cotton
Construction Law & Planning Law Weekly Bulletin
Monday 05 May 2014
“Fair Suck of the Sauce Bottle”: Can a Builder be Sued Twice for the Same Defects? (Victorian readership) By Justin Cotton, Partner and head of practitioner advocacy at Lovegrove Smith & Cotton
This week Justin Cotton, Partner and head of practitioner advocacy, asks what happens where an owner comes back against their builder a second time, trying to claim once more for defects on a building dispute that has already been resolved by terms of settlement or a court / tribunal judgment. In addition, what happens when a new owner buys from the original owner that was involved in the first building dispute, can they make a fresh claim on the builder for the same defects? Click here to access Justin’s timely and thought provoking article.
How to Fix the New Zealand Building Act (New Zealand readership) By Conjoint Professor Kim Lovegrove FAIB, NZIOB
Kim Lovegrove was the keynote and opening speaker at the annual New Zealand Institute of Building conference for building officials a fortnight ago. This paper tackles some of the inadequacies of New Zealand Building Act and identifies areas where it needs “renovation”. To access the paper click here.
Eight Ways to Avoid Construction Business Failure (New Zealand and International readership) By Conjoint Professor Kim Lovegrove FAIB
This article in sourceable.net identifies the common causes of insolvency in the building industry. The article also tries to be constructive in terms of identifying factors that minimise construction insolvency. Feel free to add comments to the sourceable commentary slot as this expands the debate and provides a platform for views and commentary. To access the article click here.
Cooperation without Self Incrimination: Best Practice for Handling Building Practitioner Inquiries (Australian and New Zealand readership) By Justin Cotton, Partner and head of practitioner advocacy at Lovegrove Smith & Cotton
Professional misconduct inquiries can feel deeply personal and stressful. These disputes within the building industry can involve a complaint to the VBA in Victoria and disciplinary boards & tribunals in other states. In this week’s bulletin we have two feature articles concerning misconduct complaints. Justin Cotton Partner and Head of Practitioner Advocacy at Lovegrove Smith & Cotton has written a perennial article well worth a read, and we recommend it to all in the building industry, as it provides a clear and concise synopsis of how best to deal with complaints. Please click here to read the article.
In addition to Mr Cotton’s article this week’s bulletin features an article by former employee Michelle Janczarski, Solicitor, of Lovegrove Solicitors, concerning whether building practitioners in Victoria can “consent out” and obtain a release concerning any potential misconduct complaint using a signed terms of settlement in a building dispute. Please click here to find out whether such a strategy is possible.
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. To access please E-Library.
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