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.

18 December 2018

In Check Issue 81 | December 2018

Table of contentsHoliday season remindersLand tax and duty claimsPlanning for the worst – new LSB+C policyCommon GST questionWhat’s new on LPLC’s websiteOffice closure over New YearChanging your email address? Holiday season reminders The lead up to Christmas with the extra commitments and pressure is a high-risk time for mistakes and oversights. Be diligent and maintain […]

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 […]

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 […]

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 […]

9 November 2018

Addition to Local Govt. Act 1989 (Vic): potential effects of cladding rectification agreements and charges on land

  New service charges may be placed on land pursuant to a new part 8B in the Local Government Act 1989 (Vic) inserted by the Building Amendment (Registration of Building Trades and Other Matters) Act 2018 (Vic). The new part came into operation on 30 October 2018 and provides for: councils to enter into agreements […]

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 […]

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 […]

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 […]

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 […]

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 the […]

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 […]