Lovegrove Smith & Cotton
Construction Law & Planning Law Weekly Bulletin
Monday 14 July 2014
ACT AG Findings Highlight Serious Private Certification Issues(Australian Readership) By Conjoint Professor Kim Lovegrove, FAIB
Following a number of issues concerning property, the Canberra Auditor General last year undertook a comprehensive investigation into the ACT building regulatory and licensed practitioner regime during which several projects were case studied and the entire gambit of private certifier controlled residential development was examined
certifier controlled residential development was examined
Beware the Future Owner: How Complete is a Release Given to a Builder for Defects if You Settle at Mediation? (Victorian Readership) By Justin Cotton, Partner, Construction and Practitioner Advocacy, Lovegrove Smith & Cotton, Construction and Commercial Lawyers
What are the ramifications if a new owner as a purchaser tries to bring a claim against a builder for defects, where the purchaser has no contract with the builder and where the builder thought the defect arguments were already settled with the first owner? Justin Cotton, partner and head of practitioner advocacy explores this vexed question, with reference to recent VCAT case law.
Professional Misconduct… Guilty or Not Guilty? (Victorian Readership) By Blaise Alexander, Solicitor, Lovegrove Smith & Cotton
In every profession mistakes will be made, and not all errors should be considered incompetence or professional misconduct. However, where an allegation involves a prima facie breach of the Act and/or regulations, a guilty plea can go towards mitigating the sanctions imposed by the regulatory body. Blaise Alexander explores the issue of professional misconduct in the construction industry.
Picking Apart ‘The NSW Statutory Template’: How to make Accredited Certifier Contracts of Engagement Work for You (Australian Readership) By Justin Cotton, Partner, Construction and Practitioner Advocacy, Lovegrove Smith & Cotton, Construction and Commercial Lawyers
Change is never easy, but the advent of compulsory contracts of engagement for private and council accredited certifiers need not be a worrying spectre, in fact the certifying authority can tailor these contracts to provide valuable protection and “turn lemon into lemonade”. The template form of contract from the BPB is only a guide to the compulsory requirements, providing a framework upon which other protections may be added. Continue reading this topical article from Justin Cotton, Partner and head of practitioner advocacy.
Six Ways to Fix Private Certification in Australia (Australian Readership) By Mr. Stephen Smith
The most popular article that we published in 2013 was Mr. Stephen Smith’s 6 point plan on how to fix private certification, which has been shared 147 times since being published by Sourceable. As one prominent building industry figure said “Stephen nailed it”. There has been a lot of feedback on point in the comment column next to the Sourceable article from building industry “rank and file” and some of the more well-known identities in building surveying circles and officialdom. Mr Smith’s article and his pointers remain poignant for reforming jurisdictions, Tasmania being one of them would be well advised to have regard to his reform tenets. The Sourceable commentary feedback could well also give law reformers material to mull over.
Why We Need a Floor on Building Surveying Fees (Australian and International Readership) by Conjoint Professor Kim Lovegrove, FAIB
Building surveyors are gate keepers and determine when buildings can be occupied. They are “front and center” in Australian building control. Frenetic fee undercutting is compromising the building control function according to the author of this article, Kim Lovegrove.
Mediation: An In-Depth Analysis (International viewership)
This video is indeed a pretty long one. It goes into the intricacies and machinations of mediation and has some very insightful commentary and opinion by leading lawyers and advocates, Mr. Justin Cotton and Mr. Stephen Smith. It has had 418 international views and is getting more and more traction.
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.
