Cladding Law

The Essentials of the Cladding Safety Victoria Scheme

Written by Lovegrove & Cotton.
The Shifting Emphasis in Cladding Rectification Outcomes in Victoria

Written by Justin Cotton, Director, Lovegrove & Cotton.
Due Diligence for Registered Certifiers with Emphasis on Combustible Cladding and Performance Requirements under the Building Code

Written by Justin Cotton, Director, Lovegrove & Cotton.
Appealing Cladding Related Building Notices Under the Building Act 1993 (Vic)

Written by Lovegrove & Cotton.
NSW Court of Appeal Decision: Onus on Builders to Satisfy Performance Requirements for Cladding

Written by Justin Cotton, Director, Lovegrove & Cotton.

Cladding Safety Victoria Funding and Demands for Cladding Regularisation – The Interplay

Written by Justin Cotton, Director, Lovegrove & Cotton.

How to Respond to Cladding Rectification Notices and Orders in Victoria

Written by Lovegrove & Cotton.
“Cladding Building Action” – There May be More Time to Sue Under the Victorian Building Act 1993

Written by Lovegrove & Cotton.
New Victorian Restrictions on Combustible Cladding Products – What does this mean for Building Practitioners?

Written by Justin Cotton, Director, Lovegrove & Cotton and former Lovegrove and Cotton lawyer Jordan Davies.
Full Replacement of all EPS Cladding on Apartment Buildings may not be Ordered if Performance Based Solutions are Satisfied

Written by Justin Cotton, Director, Lovegrove & Cotton.
How Cladding Exclusions May Change the Way Building Cases are Run

Written by Justin Cotton, Director, Lovegrove & Cotton.
Cladding Regularisation Overview in Victoria: To Fund or Not to Fund?

Written by Justin Cotton, Director, Lovegrove & Cotton.
Leaky Building Syndrome – a Comparison Between Australia, Canada and NZ

Written by Lovegrove and Cotton.
‘Domestic Builder Statutory Warranties – What are they and why are they important?’

Written by Justin Cotton, Director, Lovegrove & Cotton.
Non-Compliant Cladding, Fire Safety and Performance Based Solutions

Written by Justin Cotton, Director, Lovegrove & Cotton.
Aluminium Composite Panels and the Risks for Fire Engineering Consultants

Written by Justin Cotton, Director, Lovegrove & Cotton.
Important New Building Appeals Board Decision Regarding Cladding and a Multi-Unit Development

Written by Justin Cotton, Director, Lovegrove & Cotton.

Builders

Mutual Recognition Registrations and the Relevance of “Good Character”

Written by Justin Cotton, Director, Lovegrove & Cotton.
Time and Delay in Building Contracting: The Important Distinctions between Liquidated Damages and General Law Damages for Delay

Written by Justin Cotton, Director, and former Lovegrove and Cotton lawyer Jordan Davies.
Prosecutable Offences under the Building Act 1993 (VIC)

Written by Lovegrove & Cotton.
NSW: A Retrospective Statutory Duty of Care for Design and Building Practitioners

Written by Justin Cotton, Director, and former Lovegrove and Cotton lawyer Jordan Davies.
Builders and the Perils of Mutual Recognition Scheme Registrations

Written by Justin Cotton, Director, Lovegrove & Cotton.
‘Domestic Builder Statutory Warranties – What are they and why are they important?’

Written by Justin Cotton, Director, Lovegrove & Cotton.
What does contract ‘repudiation’ and ‘breach’ mean for builders?

Written by Justin Cotton, Director, Lovegrove & Cotton.
Registration of Companies as Building Practitioners in Victoria; a Paradigm Shift?

Written by Justin Cotton, Director, Lovegrove & Cotton.
Negligence Claims in Building Matters – Part 1

Written by Justin Cotton, Director, Lovegrove & Cotton.
Negligence Claims in Building Matters – Part 2

Written by Justin Cotton, Director, Lovegrove & Cotton.
What is a Fit and Proper Building Practitioner or Building Company Director?

Written by Lovegrove & Cotton.
Directions to Builders to Rectify Work: The Supreme Court Enforces a Time Limit on the Victorian Building Authority

Written by Justin Cotton, Director, Lovegrove & Cotton.
Keeping the Paper Trail and Keeping the Faith – Variations in Commercial Building Projects

Written by Justin Cotton, Director, Lovegrove & Cotton.
What To Watch For? A Builder’s Guide to Using Contracts and Avoiding the Pitfalls

Written by Justin Cotton, Director, Lovegrove & Cotton.
How long is a builder “in the firing line” in a building action?

Written by Justin Cotton, Director, Lovegrove & Cotton.
Damn It, Zammit! VCAT Pours Cold Water on Unreasonable Demolition Claims

Written by Justin Cotton, Director, Lovegrove & Cotton.
Building Contract Administration 101

Written by Justin Cotton, Director, Lovegrove & Cotton.
Risky Territory: Taking Over The Guard From An Earlier Builder

Written by Justin Cotton, Director, Lovegrove & Cotton.
What Lies Beneath: Latent Conditions And Where The Risk Falls In Building Contracts

Written by Justin Cotton, Director, Lovegrove & Cotton.
Residential Builders And Contract Administration: The Courts’ New Hard Line Approach

Written by Justin Cotton, Director, Lovegrove & Cotton.
Breaching Copyright in Building Plans and Designs: Beware the Fallout

Written by Justin Cotton, Director, Lovegrove & Cotton.
Fair Suck of the Sauce Bottle: Can a Builder be Sued Twice for the Same Defects?

Written by Justin Cotton, Director, Lovegrove & Cotton.
Trigger Happy Terminations: Overly Stringent Default Notices In Building Contracts

Written by Justin Cotton, Director, Lovegrove & Cotton.
Building Warranties And The Perils Of ‘License Lending’: Does This Make A Registered Domestic Builder The Contracted Builder?

Written by Justin Cotton, Director, Lovegrove & Cotton.
‘What to watch for? A Builder’s Guide to HIA Building Contracts

Written by Justin Cotton, Director, Lovegrove & Cotton.
Builder’s Survival Training – Contract Administration Dos and Don’ts

Written by Adjunct Professor Kim Lovegrove MSE, RML, Lovegrove & Cotton.
Section 40 Domestic Building Contracts Act 1995 (VIC) (DBCA) The different interpretations of payment stages

Written by Lovegrove & Cotton.

Construction Law Canberra

Construction Lawyers ACT and Canberra

Lovegrove and Cotton are construction law experts. Our team consists of leading senior expert construction lawyers whose expert advice and acumen ensures that our clients’ interests are advanced and protected.

Be it resolution of disputes with state significance, commercial or residential dispute resolution, front-end contractual advice or practitioner regulatory compliance advice and advocacy, our construction law experts are leaders in their field. We have extensive litigation experience in the ACT particularly in regards to building defects disputes in high-value multi-residential developments across the Territory.

One of these disputes was a multi-million dollar dispute and the firm was successful in facilitating the intervention of the Crown to resolve a key aspect of a complex residential conundrum.

We have also been engaged by state governments, federal bodies and industry associations to advise on building regulatory reform.

Front End Advice

Pre-contract advice and contract/project negotiation
Drafting, auditing and packaging standard building contracts and terms of engagement contracts
Advice on the suitability of building contracts and contracting models
Advice on sub contracts, design and construct contracts, construction management and alliance contracts
National Construction Code
Domestic building contract advice

Construction Dispute Resolution & Negotiation

Defective building work claims
Construction law advice and dispute resolution in prolongation, disruption, delay and liquidated damages claims
Advice and dispute resolution in construction variation claims
Building practitioner professional liability claims
Multi-residential development construction claims
High end civil and commercial dispute resolution
Insurance law
Security for payment claims
Adjoining owner disputes
Mediation
Expert determination
Leaky buildings and water damage claims
Residential disputes
Housing and home owner disputes
Construction Occupations Registrar and Access Canberra decisions

Construction & Practitioner Advocacy

ACT Civil and Administrative Tribunal appearances
Construction Occupations (Licensing) Act 2004 (ACT) advice
Practitioner compliance and licensing matters
Building practitioner defence representation
Building practitioner advocacy in professional conduct inquiries and court proceedings
National Construction Code
Building surveyor advocacy
Contractor advocacy
Engineering advocacy
Strata community and owners corporation advocacy

Residential / Building Defects Disputes

Contractual advice
Resolution of domestic building disputes
Owners corporation class actions
Building Act 2004 (ACT) advice

Insurance Claims

Insurance claims advice and dispute resolution
Auditing and drafting insurance policies
Lodging claims against insurance companies for indemnification of practitioner negligence

Building Work Place Accidents, Work Cover & OH&S

Advice on occupation health & safety regulations
Advice on work cover claims
OH&S defence representation
OH&S prosecutions

Australian Capital Territory Articles published by Lovegrove & Cotton Lawyers

Construction Law Australia

The construction lawyers at Lovegrove & Cotton are construction law and building law experts and provide construction dispute resolution advice throughout Australia. The firm was established in 1993 as a dedicated construction law firm and is one of the oldest building law firms in Australia that practices primarily in construction and building law. Be it resolution of building disputes with state significance (such as resolving security of payment claims on the Commonwealth Games Village), building practitioner advocacy, commercial or domestic building dispute resolution, or law and policy reform contributions, our firm has the experience needed to support and protect our clients’ interests, and the interests of the building industry more broadly.

Front End Advice

Pre-contract advice and building contract negotiation
Drafting, auditing and packaging standard building contracts and terms of engagement contracts
Advice on the suitability of building contracts and contracting models
Advice on sub contracts, design and construct contracts, construction management and alliance contracts
Building Code of Australia Advice
Domestic building contract advice

Construction Law Dispute Resolution & Negotiation

Defective building work claims
Resolution and appearances in arbitration matters
Construction law advice and dispute resolution in prolongation, disruption, delay and liquidated damages claims
Advice and dispute resolution in construction variation claims
Building practitioner professional liability claims
Multi unit development construction claims
High end commercial dispute resolution
Insurance law
Security for payment claims
Protection works disputes and protection works insurance disputes
Adjoining owner disputes
Mediation
Expert determination
Water Act and water leaking claims
Water damage claims
Domestic building disputes
Housing and home owner disputes
Apartment disputes

Construction & Building Practitioner Advocacy

VCAT and NCAT appearances
Victorian Building Authority and NSW Building Professionals Board advocacy
Building Appeals Board advocacy
Building practitioner defence representation
Building practitioner advocacy in professional conduct inquiries and court proceedings
Protection works disputes
Building Code Australia matters
Building surveyor decisions

Residential Building Defects Disputes

Domestic Building Contracts Act and Home Building Act advice and dispute resolution
Resolution of domestic building disputes
Owners Corporation and residents associations advice and dispute resolution
Advice and dispute resolution on property and adjoining owner damage claims (including water damage and building protection works)

Local Government Liability Advice and Representation

Building regulatory compliance advice
Probity and risk management
Public works contract advice
Advice in environmental/planning approval disputes
Advice and continuing legal education to local government, professional associations, trade associations and institutions
Advice to government, semi-government departments and regulatory authorities

Insurance Claims

Insurance claims advice and dispute resolution
Auditing and drafting insurance policies

Building Work Place Accidents, Work Cover and OHS

Advice on occupation health and safety regulations
Advice on work cover claims
OHS defence representation
OHS prosecutions

Lovegrove and Cotton Construction and Planning Lawyers

Click here to call Lovegrove and Cotton or email enquiries@lclawyers.com.au

Established in 1993, Lovegrove and Cotton is one of the oldest dedicated construction law firms in Victoria. Our law firm is part of the DNA of construction law in Victoria as the firms’ founder was the principal legal adviser on the development of the Victorian Building Act 1993. The Building Act is the bedrock of building regulation in Melbourne and Victoria.

Three decades on, our construction and planning lawyers maintain a constant vigil in protecting the interests of builders, building practitioners, property owners and strata communities in the provision of the highest level of expertise with regards to all aspects of construction and planning law.

Our construction law heritage and our integral place in the development of building law in this country bears testimony to our resilience and the collective resolve of our lawyers to be consistently at the forefront of the very best of the Victorian and Australian building and planning law fraternity.

Areas of Practice

Building and
Construction Law

Planning
Law

Building
Practitioner Advocacy

Regulatory
Compliance

Property
Law

Law
Reform

Commercial
Dispute Resolution

CPL
eLibrary

construction law australia

Construction
Law

Lovegrove and Cotton was established in 1993 and remains one of the oldest dedicated construction and planning law firms in Australia.

Planning
Law

Our lawyers provide a holistic service in all types of planning matters. Our senior construction and planning lawyers regularly appear in VCAT and NCAT.

Strata Community Body Corporate Lawyers

Strata Community
Body Corporate Lawyers

We take owners corporation instructions in any state or territory, regardless of whether the jurisdiction is a tribunal, court of law or appeal body.

Building Regulatory
Compliance

We help property owners, strata communities and builders with expert advice on building notices, building orders and emergency orders.

cladding disputes

Cladding
Disputes

Our experienced lawyers specialising in cladding dispute resolution employ a practical and cooperative method when resolving cladding-related conflicts on behalf of our clients.

Law
Reform

Our firm boasts a 30-year history in advancing modern building regulations & actively volunteers locally & globally to promote safer construction practices.

construction dispute resolution

Construction
Dispute Resolution

Much of our work centres on offering construction law guidance and representing builders, subcontractors, property owners, and strata communities at VCAT.

Leaky
Buildings

We are experts in handling strata community class actions & property owner disputes against builders, contractors, building practitioners, & statutory authorities.

Recent Lovegrove and Cotton construction and planning law articles

14 Oct

Proportionate Liability Reform in New Zealand...

30 Sep

NZ’s Historic Shift from Joint & Severa...

New Zealand is replacing joint and several liability with proportionate liability in construction law. In this interview, Kim Lovegrove explains the benefits, challenges, and lessons from Australia...

30 Sep

“Boots on the Ground”: A Construction...

Victoria’s 30-year experience with proportionate liability shows how responsibility-based apportionment has replaced joint and several liability in construction disputes. With case studies like t...

Filed Under: Articles Tagged With: architect engineer liability Victoria, Building Act 1993 section 131, building surveyor liability Australia, compulsory insurance Victoria builders, joint and several liability replaced by proportionate liability, Lacrosse cladding fire case Victoria, liability apportionment construction law, liability apportionment in Australia, liability apportionment in NZ, liability reform Building Act NZ, proportionate liability case study, proportionate liability NZ reforms, proportionate liability Victoria, Victoria construction liability law, Victoria Wrongs Act 1958 Part IVAA

Cladding Law

Builders

Section 40 Domestic Building Contracts Act 1995 (VIC) (DBCA) The different interpretations of payment stages

Construction Law Canberra

Construction Lawyers ACT and Canberra

Front End Advice

Construction Dispute Resolution & Negotiation

Construction & Practitioner Advocacy

Residential / Building Defects Disputes

Insurance Claims

Building Work Place Accidents, Work Cover & OH&S

Australian Capital Territory Articles published by Lovegrove & Cotton Lawyers

Construction Law Australia

Front End Advice

Construction Law Dispute Resolution & Negotiation

Construction & Building Practitioner Advocacy

Residential Building Defects Disputes

Local Government Liability Advice and Representation

Insurance Claims

Building Work Place Accidents, Work Cover and OHS

Lovegrove and Cotton Construction and Planning Lawyers

Building and Construction Law

Planning Law

Building Practitioner Advocacy

Regulatory Compliance

Property Law

Law Reform

Commercial Dispute Resolution

CPL eLibrary

Construction Law

Planning Law

Strata Community Body Corporate Lawyers

Building Regulatory Compliance

Cladding Disputes

Law Reform

Construction Dispute Resolution

Leaky Buildings

Recent Lovegrove and Cotton construction and planning law articles

Keep well informed with our Construction & Planning Law eBulletin

Building and
Construction Law

Planning
Law

Building
Practitioner Advocacy

Regulatory
Compliance

Property
Law

Law
Reform

Commercial
Dispute Resolution

CPL
eLibrary

Construction
Law

Planning
Law

Strata Community
Body Corporate Lawyers

Building Regulatory
Compliance

Cladding
Disputes

Law
Reform

Construction
Dispute Resolution

Leaky
Buildings

Keep well informed with our
Construction & Planning Law eBulletin