Victorian Supreme Court Of Appeal Clarifies Start Date Of Limitation Periods For Building Defects

On 8 June 2022, the Victorian Supreme Court of Appeal (VSCA) confirmed the commencement date of limitation periods under the Building Act 1993 (Vic) (Building Act). Where multiple occupancy permits have been issued for a building project, this decision has significant industry impacts.

construction law, building lawKatie Gold11 July 2022limittaion period, long stop period, building act, occupancy, urban lawyers, occupancy period, permit guarantees, victorian supreme court, vcsa, construction, building issues, section 134, 10 years

VCAT Rejects Builder’s Apportionment Of Liability Defence

Property owners will typically commence legal proceedings against a builder in the event of defective works for a breach of the warranties implied into each domestic building contract. In response to this, a builder may seek to apportion fault to other construction professionals involved in the project such as the building surveyor to reduce its liability to the owners.

building law, construction lawKatie Gold9 November 2021vcat, chris moshidis, apportionment of liability, bellini v meldan, newport, builder, urban lawyers, lawyer, construction, building, buidder, builders

Security Of Payment Laws: A Call For A National Regime

The Building and Construction Industry Security of Payment Act has been operating in Victoria since 2002. Other states and territories have also enacted their own security of payment legislation such as New South Wales which has had its own security of payment regime in place since 1999.

construction law, building lawKatie Gold6 September 2018security of payment act, building, construction, new south wales, commonwealth government, victoria, recommendations, Queensland, Northern Capital Territory, South Australia, Review of Security of Payment Laws, Tasmania, Western Australia, pay when paid, adjudicator

Contractor's Rights - Get Paid With The Security Of Payment Act (SoP Act VIC)

Contractors often experience significant delays in receiving payment during the course of a construction project or do not receive payment at all.

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