Construction Law - Cogent Legal - Melbourne Solicitors

Termination as under s41 of the Domestic Building Contracts Act 1995 (Vic)

Owners that utilise clauses in their Domestic Building Contracts that refer to s41 of the Domestic Building Contracts Act 1995 (Vic) (‘DBCA’) [IE, s21.1 of the HIA HC-7 Contract] as a ground for termination of their contract must realise that this clause may be seen as a ‘no-fault’ provision. That the member of VCAT that […]

Navigating Statutory Demands Based On SOPA Decisions

Navigating Statutory Demands and Offsetting Claims in Construction Disputes: Key Takeaways from Recent Cases: The recent cases, CBS Commercial Canberra Pty Ltd v Axis Commercial (ACT) Pty Ltd, and Dask Entertainment Melbourne Pty Ltd v Aussie Fitouts Pty Ltd, have shed light on the complex relationship between statutory demands under the Corporations Act 2001 (Cth) […]

VCAT and Federal Law

VCAT is not able to hear matters that are Federal Law.

s57 DBCA – Stay of Proceedings?

Section 57 of the Domestic Building Contracts Act 1995 (Vic) causes relocation of cases to VCAT. A recent case challenges that application. On 29 October 2021, the County Court of Victoria made a significant decision in the case of Uber Builders and Developers Pty Ltd v MIFA Pty Ltd. This decision addressed the ongoing issue of pandemic-induced […]

All torn down: Terminating a Building Contract

Terminate or Ending a Building or Construction Contract You’ve come to a dead end. Your building project has stalled; your relationship has soured. The other party keeps playing games, refuses to answer your telephone calls and you’re ready to be done with it all. So, time to terminate the contract? Before you commit to termination, […]

Construction Law Update – Contract Termination and Claim Values

Construction Law Update on Contract Termination “as much as he deserved”: Limits to Quantum Meruit claims in construction contract termination The Case: Mann v Paterson Constructions Pty Ltd [2019] HCA 32 At the High Court of Australia, the limits to quantum meruit claims for contractual termination have been noticeably altered. Key points A contractor is not entitled to recover […]