Lovegrove Smith & Cotton
Construction Law & Planning Law Weekly Bulletin
Monday 16 June 2014
Nine Tips for Successful Dispute Negotiation (International Readership) By Conjoint Professor Kim Lovegrove FAIB
John Scheepers, Commissioner at the Commission for Conciliation, Mediation and Arbitration South Africa, stated with respect to the article “Nine Tips on Negotiation”, “An excellent article. Those involved in negotiation, mediation and in all spheres of conflict resolution may find it of great interest and benefit”. This accolade was in linked in and if you want to access it click here.
What is the Status of a Construction Certificate Issued when Works have already Started?(NSW Readership) By Justin Cotton, Partner and head of practitioner advocacy at Lovegrove Smith & Cotton
It is always hazardous for an accredited certifier to rely completely on an owner who says works have not commenced prior to the issue of a construction certificate. What if this ‘confirmation’ is not all that it is cracked up to be? This week Justin Cotton, partner and head of practitioner advocacy explores the vexed problem of construction certificates issued for works that have already started. What are the likely ramifications and what if anything can be done?
Protection Works Insurance – Market Failure or Interpretive Compliance with s93 of the Building Act (Victorian Readership) By Jarrod Gutsa, Construction Lawyer of Lovegrove Smith & Cotton
It is mandatory to have insurance when undertaking protection works pursuant to s93 of the Building Act. However how does one know what type of insurance policy is required when there is no specific protection works insurance available in the market place. Supreme Court case law authority provides some guidance on point that Jarrod Gutsa has laid out in this article.
The Intention is the Key, What is ‘a dwelling’ for the Purposes of Planning Enforcement?(Victorian Readership) By Justin Cotton, Partner and head of practitioner advocacy at Lovegrove Smith & Cotton
Justin Cotton, looks at the vexed and common problem of what constitutes a “dwelling” or a “home” for the purposes of planning law. This is a question that crops up time and again, and in a case at the VCAT the Deputy President ruled that the capability of the building to be used as self-contained accommodation is only part of the equation. You also need to show that the actual or proposed use (not the past use) is that the building be a dwelling.
Protect the Price of your Property; are Protection Works Infringing upon your Rights as an Adjoining Owner? (Victorian Readership) By former employee Alex Milne
The position of an adjoining owner when building works are proposed on a neighbouring property is an unenviable one. An adjoining owner may have to object at the planning approval stage to ensure that their amenity is not adversely impacted and the value of their property is not reduced. During the building works, an adjoining owner is very much reliant on the relevant building surveyor, who is tasked with ensuring regulatory compliance under the Building Act 1993, including Part 7 of the Act which relates to protection of adjoining property. The following article explores the predicament of an adjoining owner, and what avenues of recourse they have when the relevant building surveyor does not adequately protect them.
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.
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