The Signature That Changed Everything: Lessons from a $2M Building Dispute
Case Summary: Imerva Corp Pty Ltd v Kuna [2017] VSCA 168 (Imerva) In building contracts, every signature matters – literally. In Imerva, a couple’s decision to initial rather than formally sign a crucial document clause unraveled a $2 million construction deal. The case is a sharp warning to builders and homeowners alike: skip a […]
Martinus Rail v Qube: Right to a Fair Hearing
In this analysis, we will take a closer look at Martinus Rail Pty Ltd v Qube RE Services (No 2) Pty Ltd (No 2) [2024] NSWSC 1223, a significant development to the Security of Payments regime. When a builder or contractor turns to adjudication to resolve a payment dispute, they expect a fair hearing […]
Is Paying an Adjudicated Debt a Must Before Legal Action? A peek into McDonald v MAK Constructions
Snapshot Judgment debts and adjudication can be complex territory – especially when there’s a dispute over payment and defects. Consider this scenario: you withhold payment from a builder because you believe their work is defective. The builder takes the dispute to adjudication, and the adjudicator determines that you actually do owe the builder […]
Exciting Changes Ahead for Payment Practices in Victorian Construction Industry
Government Response to Security of Payment Inquiry Recommendations Have you been affected by unfair practices in the construction industry and believe that change is needed? The Victorian Government has announced strong support for a game-changing set of recommendations from the recent Legislative Assembly Environment and Planning Committee’s Inquiry, set to reshape […]
A New Era For the Victorian Building Authority
Victorian Government Overhauls Building Regulations to Protect Homebuyers and Builders The Victorian government has unveiled substantial changes to its building regulation system, introducing a new oversight body, the Building & Plumbing Commission, which will replace the Victorian Building Authority (VBA). This change is aimed at providing stronger protections for homebuyers, builders, and renovators, streamlining […]
Examining Security of Payments in Nasseri V Wellington
Case note: Nasseri v Wellington Builders Pty Ltd [2024] VSC 200 Featured in the Law Institute Jounal September Edition! Background Facts The plaintiff, Taraneh Nasseri, sought to redevelop her Kew East property into two townhouses for profit. To that end, she partnered with Ms Candice Hammer by way of a Memorandum of Understanding […]
Unik Constructions v Edirisinghe: Defective Works and Deeds
Unik Constructions Pty Ltd v Edirisinghe (Building and Property) [2024] VCAT 49 (17 January 2024) Background facts In Unik constructions, the respondents were owners of a property they planned to demolish and rebuild into two townhouses, and the applicant was the builder of the property. Due to conflict throughout construction regarding the […]
AMO Rifat Holdings Pty Ltd v Dib: Collateral Contracts
AMO Rifat Holdings Pty Ltd v Dib (Building and Property) [2024] VCAT 419 (6 May 2024) The recent VCAT ruling in AMO Rifat Holdings Pty Ltd v Dib highlights important issues in domestic building projects. It provides essential guidance for builders on topics like completing stages, fixing defects, managing progress payments, and handling contractual […]
Expert Strategies for Home Building Contract Negotiations
Embarking on your dream home journey? Unlock success with these ten professional tips for navigating home building contract negotiations. 1. Builder Due Diligence – Thoroughly vet your builder’s credentials, past projects, and client testimonials. A reliable builder lays the foundation for a seamless home-building experience. 2. Precision in Vision – Clearly communicate your vision, detailing […]
Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2
The case of Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (‘Bryant’) is an appeal from a decision of the Full Court of the Federal Court of Australia. The case concerned the operation of voidable transactions in insolvency. Background Badenoch, a timber logistics business, entered into an agreement with Gunns, a timber […]