In the recent decision of the Victorian Court of Appeal in Thurin v Krongold Constructions [2022] VSCA 226 (Thurin v Krongold), the majority held that the Victorian Civil and Administrative Tribunal (VCAT) lacks jurisdiction to hear and determine domestic building disputes involving the interpretation or application of federal legislation.
Read MoreVCAT has exclusive jurisdiction to hear and determine domestic building disputes between a builder and an owner or a builder and a subcontractor in the state of Victoria. However, the exclusive jurisdiction of VCAT has recently been questioned in light of the significant delays parties are experiencing at VCAT.
Read MoreProperty 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.
Read MoreOn 24 November 2014, a resident, who lived in the 21 storey Lacrosse Apartments in Docklands, left his cigarette burning in a plastic food container on the balcony. Fire quickly travelled up the external walls of the apartment building and everyone within the apartment building was evacuated. The fire resulted more than $12million dollars of damage.
Read MoreThe recent decision of VCAT Deputy-President Justice Woodward regarding the widely reported fire in the Lacrosse Tower in 2014 has raised serious liability implications for consultants under separate agreements that are novated to construction contracts, in cases involving combustible cladding.
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