High Rise Defects and High Confusion over Standing: Who Owns the Common Property? By Justin Cotton, Partner, Construction and Practitioner Advocacy, Lovegrove Smith & Cotton, Construction and Commercial Lawyers (Victorian readership)

With the rise in building defect claims in multi-level Owners Corporations, the question over who can bring an action for defects in the Common Property, and the line between common versus private can become somewhat blurred.  This week Justin Cotton, partner and head of practitioner advocacy, takes a closer look at recent VCAT case law on point; click here to access Justin’s article.

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BCA Guide – No More than a Guide by Mr.Jarrod Gutsa (Australian readership)

The Guide to the BCA (“the Guide”) has been found in recent Supreme Court decisions to hold no ‘regulatory force’. Jarrod Gutsa, Construction Lawyer of Lovegrove Smith & Cotton, has written an article that considers the problematic use of and possible over reliance on the Guide when interpreting BCA provisions. Please click here to read the article on Sourceable.

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Arbitration Explained Along with its Strengths & Weaknesses by Professor Kim Lovegrove (Local & international readership)

The booklet ‘Arbitration Explained Along with its Strengths & Weaknesses’ is a ’SWOT’ analysis of the virtues and short comings of arbitration, written by Kim Lovegrove FAIB, Conjoint Professor in Building Regulation and Certification at the University of Newcastle. Click here to view the booklet.

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Is the Door Shut on your Building Action? How Long do you Have to Sue for Building Defects? By Mr. Peter Micevski (Victorian readership)

Building owners and others affected by building defects have a 10 year limitation period from the date of issue of an occupancy permit or certificate of final inspection to bring an action to have all defects attributable to the builder, and all consequential damage, rectified at no cost to them by the builder or by others at the builder’s expense.

This article focuses on the controversy surrounding the limitation period in the Building Act and its effect on the limitation period in the Limitations of Actions Act. It goes further to suggest that waiting too late to bring a building action before the Court or VCAT can be fatal to the case. To access this article click here.

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Inquiry into Compliance with Work Health and Safety in the ACT by Mr. Jarrod Gutsa (ACT readership)

The recent ‘Inquiry into Compliance with Work Health and Safety in the ACT’ has produced a report that has some telling statistics. The ACT has the highest rate of serious injury in the construction sector in Australia and it is 31% above the national average. The report calls for a drastic change in the culture of the construction industry to make it more safety conscious in order to address this problem. Jarrod Gutsa, Construction Lawyer of Lovegrove Solicitors, has written an article that provides a synopsis of the report and a link to same. To view the article please click here.

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