Lovegrove & Cotton
Construction Law & Planning Law Weekly Bulletin
Monday 7 April 2014
Design and Construct Contracts – Who Cops it in the Neck When Things Go Wrong? By Conjoint Professor Kim Lovegrove FAIB (Australian readership)
D&C or D&B contracting is the darling of the development fraternity. But for those that are unfamiliar with the profound differences between D&C and good old fashioned lump sum build contracts, such ignorance can prove to be fatal. D&C is very much about risk migration and alas invariably it is the contractor that is the “poor blighter” who gets clobbered when things go wrong. So for those who are besotted with the much celebrated D&C mode of contract, read the article and see whether the lust abates. Access the article by clicking here.
Risky Territory: Taking Over the Guard from an Earlier Builder by Mr. Justin Cotton (Australian readership)
This week Justin Cotton, Partner and Head of Practitioner Advocacy, gives an overview on what builders need to be aware of and the associated risks when taking over work from terminated or insolvent builders, owner builders and insurance jobs. It can be a hornets nest if a secondary builder ends up in a VCAT dispute with the owner and a quagmire trying to separate your own defects from those of the first builder versus grasping hold of the legitimate variations. Click here to access Justin’s article.
Inquiry into Compliance with Work Health and Safety in the ACT by Mr. Jarrod Gutsa (ACT readership)
The recent ‘Inquiry into Compliance with Work Health and Safety in the ACT’ has produced a report that has some telling statistics. The ACT has the highest rate of serious injury in the construction sector in Australia and it is 31% above the national average. The report calls for a drastic change in the culture of the construction industry to make it more safety conscious in order to address this problem. Jarrod Gutsa, Construction Lawyer of Lovegrove Solicitors, has written an article that provides a synopsis of the report and a link to same. To view the article please click here.
BOINZ 47th Annual Conference & Expo 2014 – ‘Building Controls: Our Future’ (New Zealand and International readership)
The Building Officials Institute of New Zealand is holding its annual conference between April the 6th and 9th 2014 in Wellington. The two keynote speakers are the Hon. Maurice Williamson, Minister of Building and Construction and Conjoint Professor Kim Lovegrove FAIB. Kim’s address will canvass issues concerning anomalies and limitations with the NZ Building Act and he will provide pointers on how to fix it up. To access the flyer for this national conference, please click here.
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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