risk-management.php

Building and construction


LPLC sees claims every year where practitioners have failed to properly advise a client about building and construction issues. The causes of claims are varied with some claims arising when advising a client entering into a building contract while others relate to advising a client involved in a building dispute.

Keeping up to date with constantly-evolving building and construction law is good risk management.

Work in this area of law is often technical and time critical, and with the ever-increasing time and cost pressures, simple errors occur. Understanding the causes of claims as well as the specific risks will assist practitioners with their claims prevention strategies.

Below is some information to assist practitioners who practice in this area minimise the risk of receiving a claim.

27 March 2017

In Check Issue 74 | March 2017

Table of contentsWhat is new on LPLC’s website?What is happening in cyber risk?Are you ready for the DBDRV?Common GST questions – GST and adjustments for sale of commercial property2017 Risk Management seminars2017/18 Insurance renewalsLaw Institute Journal articles What is new on LPLC’s website? Cyber security page We have a new risk management page dedicated to […]

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1 June 2016

Old claims and new building laws

Keeping up to date with the law and understanding where claims arise is good risk management. The LPLC sees claims every year where practitioners have failed to properly advise a client about building issues. Some claims arise at the beginning when advising a client entering into a building contract while others relate to advising a client involved in […]

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3 July 2011

Owner-building danger zone

Particular care must be taken when negotiating one complex area of property law. Owner-builder provisions can be disastrous for vendors and their solicitors in a falling property market. The current property slump and the predictions that it will get worse before it gets better are cause for concern for property lawyers. When the market is […]

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4 September 2018

Retrospective changes proposed for residential ‘off the plan’ sunset clauses

Download PDF Table of contentsRetrospective changes proposed for residential ‘off the plan’ sunset clausesSunset clauses – details of the proposed amendmentsRetrospectivity trap for practitionersWhat you should do nowOther legislative changes proposed in the bill Retrospective changes proposed for residential ‘off the plan’ sunset clauses The Sale of Land Act Amendment Bill 2018 (Vic) (the bill) […]

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17 August 2018

What did they expect?

When sued by a client, the reaction from some practitioners is ‘What did they expect for what I charged?’ However, a court will give little regard to your fees when determining the extent of your retainer and whether you discharged your duty. You need to be clear about the scope of your retainer, irrespective of […]

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10 August 2018

New ipso facto regime has commenced

The amendments to the insolvency regime in the Corporations Act 2001 (Cwlth) to restrict the rights of parties to enforce ipso facto clauses in new contracts came into effect on 1 July 2018. These clauses typically allow a party to terminate or exercise other contractual rights if the counterparty enters into an insolvency. Under the […]

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27 July 2018

Confirm when discrete tasks are completed in general files

One risk of running ‘general files’ is failing to confirm in writing when your obligations in connection with discrete tasks are to be treated as concluded. If you fail to clarify this, you might remain ‘on risk’ for issues beyond the discrete task. In one claim, the practitioner acted for the owner of a nursing […]

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20 July 2018

A bad plan

A critical issue for any purchaser of an ‘off the plan’ property is ensuring the actual property accords with what they intended to purchase. Therefore, when giving pre-contractual advice to purchasers, it is essential to identify any deficiencies in documentation that could hinder a proper assessment by the purchaser. In one claim, the practitioner was […]

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13 July 2018

The trouble with DIY clients

Practitioners are finding that some clients are insisting on doing parts of litigation matters themselves, primarily to save legal costs. If you are prepared to accept a limited retainer, you need to manage the risks. In one claim, a practitioner acted on an appeal regarding a dispute over a debt. The client was self-represented at […]

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16 August 2016

Key Risk Checklist: Purchase of land – questions for the purchaser

Purchase of land – questions for the purchaser   Responses required without delay ☐  Circle yes or no as applicable. ☐  Provide the additional information as indicated. ☐  If you do not know the answer or are unable to provide the additional information please insert the words ‘not known’. ☐  Please sign where indicated at […]

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20 January 2015

Commercial litigation – stay alert

Table of contentsIntroductionThe causes of claimsCommon problemsOther risksLPLC Commercial Litigation Checklist Introduction Managing the client’s expectations during litigation is the key to containing risks in this area. Commercial litigation – stay alert provides examples of how things can go wrong in commercial litigation and how practitioners can minimise the risk of a claim. The relationship […]

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4 September 2018

Retrospective changes proposed for residential ‘off the plan’ sunset clauses

Download PDF Table of contentsRetrospective changes proposed for residential ‘off the plan’ sunset clausesSunset clauses – details of the proposed amendmentsRetrospectivity trap for practitionersWhat you should do nowOther legislative changes proposed in the bill Retrospective changes proposed for residential ‘off the plan’ sunset clauses The Sale of Land Act Amendment Bill 2018 (Vic) (the bill) […]

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