Key Lessons from Whitaker v F.P & H.S Keogh Pty Ltd Understanding the importance of contractual compliance and adherence to engineering designs is critical in the construction industry. The recent Victorian Civil and Administrative Tribunal (VCAT) case, Whitaker v F.P & H.S Keogh Pty Ltd [2024] VCAT 708, highlights the consequences of failing to meet […]
Building on Mistakes – Structural Defects Read More »
Contracts are the administrative foundations of the building and construction industry. However, when contracts are skewed in favour of one party—often the more powerful one—they can lead to significant legal disputes. In Australia, the Australian Consumer Law (ACL), part of the Competition and Consumer Act 2010 (Cth), regulates unfair contract terms, offering protection against unjust
Unfair Contract Terms in the Building Industry Read More »
In Victoria, disputes between neighbours over shared boundaries are common and can escalate into complex legal conflicts. Issues involving fences, trees, and land ownership through adverse possession often require legal clarity and guidance. This article provides an overview of the key legal considerations surrounding these disputes. Fencing Disputes Fencing disputes are among the most common
Fencing, Tree, and Adverse Possession Disputes: A Guide for Victorian Property Owners Read More »
When planning a domestic building project, it’s important to understand the legal framework that governs these activities. Homeowners and builders alike can often find the process of managing domestic building contracts confusing, especially when it comes to determining whether a major domestic building contract is necessary—particularly for projects that involve just a single trade. In
Understanding Domestic Building Contracts: Single Trade Works Read More »
Spectrum Lawyers and Spectrum Coach have joined forces to offer builders and contractors a comprehensive range of services, covering everything from sales and marketing to home designs, business coaching, operations, and legal advice—all under one roof. To keep you informed about industry developments, we’ve created Spectrum Speaks. This quarterly newsletter will ensure you’re always ahead
Spectrum Speaks – Volume 12 Read More »
The Victorian Civil and Administrative Tribunal (VCAT) case of Mikhali v Soliman (Building and Property) [2024] VCAT 616 focuses on the entitlements of parties following the termination of a domestic building contract under section 41 of the Domestic Building Contracts Act 1995 (Vic) (‘the Act’). This case determines what is owed and to whom under
Case Study: Termination of a Domestic Building Contract Read More »
In a recent case at the Victorian Civil and Administrative Tribunal (VCAT), Barbican Construction Group Pty Ltd (Barbican), a respected construction firm in Victoria, faced a significant dispute with homeowners Ian McColl and Xun (Monica) Qing over a residential extension project. Here’s a breakdown of the case and key takeaways for builders. Background and Contractual
Contractual Disputes: Lessons for Builders Read More »
The case of Hunters Green Retirement Living Pty Ltd (‘the developer’) v. J.G. King Project Management Pty Ltd (‘the contractor’) [2023] VSC 536, brought to the Supreme Court of Victoria, centres on a significant issue under the Building and Construction Industry Security of Payment Act 2002 (Vic) (‘the Act’). The primary question was whether retention
The recent VCAT decision in AMO Rifat Holdings Pty Ltd v Dib sheds light on key aspects of domestic building work, offering crucial insights for builders on stage completion, defect rectification, progress payments, and contractual disputes. In this case, the builder and owners entered into a contract for constructing a three-storey house with a contract
Builder insights: AMO Rifat Holdings Pty Ltd v Dib case Read More »
When you find yourself involved in a VCAT dispute concerning home construction, whether you’re the builder or the homeowner, the role of expert evidence cannot be underestimated. Despite parties believing they have ample “evidence” through emails, conversations, and their own interpretations of documents and works, it’s challenging, if not impossible, for the Tribunal to make
The Importance of Experts in Construction Disputes Read More »