Viewing entries in
Building & Construction

Undocumented variations and repudiation: Domestic Building Contracts

Undocumented variations and repudiation: Domestic Building Contracts

Building construction is a time-consuming and costly process that can be difficult to manage for all parties.  Very often, changes to the scope of the works being undertaken are requested or necessitated by circumstance, resulting in each party’s rights being uncertain at best when those variations are not properly documented in accordance with the Domestic Building Contracts Act 1995 (Vic) (Act).

Important information for apartment and unit owners

Important information for apartment and unit owners

A quick guide to owners corporations
If you are an apartment or unit owner it is likely you are part of an owners corporation. As a member there are certain procedures that must be followed which you may not even be aware of.  It is important that owners corporation members and committee members understand these procedures, their rights and responsibilities.  

Supreme Court hand down game-changing decision regarding application of Domestic Building Contracts Act to residential developers

Supreme Court hand down game-changing decision regarding application of Domestic Building Contracts Act to residential developers

On 29 April 2015, the Victorian Supreme Court handed down its judgment in Burbank Australia Pty Ltd v Owners Corporation PS 447493 [2015] VSC 160, which concerned an appeal from a decision of the Victorian Civil and Administrative Tribunal, in relation to allegations of defective building works in the common property of the ‘Waterford Towers’ apartment building built by Burbank in the Melbourne suburb of Maribyrnong.

Rectification orders

Rectification orders

A new section 45 under the Domestic Building Contracts Act 1995 enables a party to a domestic building contract to refer a dispute to the Victorian Building Authority.

How long are builders liable for their work?

How long are builders liable for their work?

The previous uncertainty surrounding the length of time in which home owners could bring a claim against builders has now been clarified by the Supreme Court of Victoria.

The Effect of Brirek Industries Appeal on Section 134 of the Building Act 1993 (Vic)

The Effect of Brirek Industries Appeal on Section 134 of the Building Act 1993 (Vic)

The Victorian Civil and Administrative Tribunal (VCAT) has long adopted the position that the ten year period for which an action can brought against a builder as stated in Section 134 (S134) of the Building Act 1993 (the Act), is intended to replace the period of six years provided by the Limitations of Actions Act 1958. This position has not been without its critics.

The recent County Court decision of Brirek Industries –v- McKenzie Group Consulting, adopts the alternative position. That is, any cause of action will be statute barred upon the expiration of the six year period under the Limitations of Actions Act 1958.

Protecting your Interests in the Supply of Materials Using the Personal Property Securities Act 2009 (Cth)

Protecting your Interests in the Supply of Materials Using the Personal Property Securities Act 2009 (Cth)

If you are involved in the supply of materials, whether plant, equipment or other building materials, whether by way of sale or hire, in the building and construction industry you should be aware of the operation and effect of the Personal Property Securities Act 2009 (Cth) (PPSA), which can help protect your interests in the event of the insolvency of the party to whom you supply materials.

Suppliers now have registerable security interests in the personal property that they supply to customers on a retention of title basis. Supply of materials on a ‘retention of title’ basis means that the seller retains legal ownership in the goods (even after delivery to the purchaser) until payment in full is received.