Off the Plan Contracts – Rights and Risks for Purchasers

An Off the Plan contract typically refers to transactions where a vendor (who acts as a developer) sells a house and land package, prior to construction commencement. Off the Plan contracts are mostly common in high rise developments. Buying house and land off the plan is a popular investment option for many people, due to …


Ending a Building Contract – Do’s and Don’ts

Whether it is a domestic or commercial building contract, terminating a building contract is a serious matter. An owner may wish to end a contract due to abandoned and incomplete work, due diligence not carried out and or the works being carried are dangerously substandard. Builders may seek to terminate on the ground of non-payment or refusal …


Securing Payment in the Building Industry: Using Adjudication during COVID-19 Pandemic

The Building and Construction Industry Security of Payment Act 2002 (VIC) – or, as most people call it ‘Security of Payment Act’ (the Act), is a legislation that is intended to reduce the incidence of insolvency in the construction industry by promoting the flow of money to subcontractors. This Act can be a useful tool to secure …


COVID-19: Update for Builders and Owners

In wake of the COVID-19 pandemic, it is imperative that all Builders and Owners/Developers are aware of their rights and obligations. With the potential for lock downs and supply of materials halted, the ability to ensure construction jobs are delivered on time will be impacted. Pre-existing contracts Most standard form Domestic Building Contracts will contain …


Help! My building is moving

Foundation movement is a common cause of building distress and disputation. It is often not clear what the causes are or where the responsibility lies. The causes of foundation movement can be varied and present themselves in a number of ways. The most common factors contributing to movement are soil conditions, site location, site drainage, …


When Your Property Springs A Leak

Disputes over water ingress and damage, most commonly between adjoining properties, are costly and time-consuming to resolve. If water has entered from a neighbouring property, this is not a cost that you should necessarily have to bear. It is important to ascertain who is liable for the flow of water, either the Lot Owner or the …


Lodging Caveats – Builders Beware!

What is a caveat? A caveat acts as a warning or formal notice that can be registered with Land Victoria to temporarily halt any dealings with a property. This can prevent the transfer of a property from being registered on the Certificate of Title and can assist an interested party in claiming legal ownership of a property. …


Christmas Shutdown – How it affects your building projects

Whether you are building a new house, adding an extension to your home, or renovating a kitchen or bathroom, it is essential to keep track of time and make appropriate allowances if the project is delayed. With the upcoming Christmas closure break for many trades and suppliers, builders need to have forward planned for this …


Domestic building warranty insurance – are you covered?

In Victoria, a Domestic Building Insurance (DBI) provides cover to homeowners for incomplete or defective building work. As a homeowner, you are protected from any faulty building work by insurance held by your builder. A registered domestic builder is required to carry DBI for all building contracts worth more than $16,000 (including labour and material …


Don’t let mould ruin your building – Act Now!

As we move towards high density living, defects in high rise buildings are becoming more prevalent. Leaky balconies and water flowing from common or private property, has led to a notable rise in litigation relating to water damage in high rise buildings, including claims for mould and deterioration caused by water. If you are a …