Client portal
Construction and engineering
We're a national team of construction lawyers with more than 50 years of experience in commercial, residential, engineering and infrastructure projects. Our lawyers are approachable, collaborative and adaptable problem solvers who focus on mitigating risk.
Elizabeth Brookes
Partner
Related expertise: Construction and engineering , Disputes and litigation , Insurance
Kate Witt
Senior Associate
Related expertise: Construction and engineering , Disputes and litigation , Insolvency litigation and recovery action, Insurance
Second extension announced for cladding claims
In an unprecedented development, the limitation period for Victorian-property owners to pursue cladding claims has been extended for a second time.
The clock keeps ticking for cladding claims
On 14 September 2021, the Victorian Government introduced into the Legislative Assembly a further cladding reform giving building owners even more time to take legal action for cladding related claims.
VCAT's ability to hear complex cases under further threat
This decision opens the door for many more cases – in particular, building cases – to be transferred out of VCAT and up to the County or Supreme Courts.
An update on Stage 4 restrictions and the construction industry
Following extensive consultation with the sector, Business Victoria has now provided further guidance on how the stage 4 restrictions will impact the construction industry.
Construction costs: The architect's obligation to advise and warn
The recent NSW Court of Appeal decision in Morris v Leaney is an important reminder for architects of the risks associated with advising clients on likely building costs.
Construction in Victoria and the impact of stage 4 restrictions
Stage 4 COVID-19 restrictions will have a direct impact on the construction industry, with the sector going to what Victorian Premier, Daniel Andrews has described as 'pilot light levels'.
Accreditation and certification of building consultants in NSW: Navigating a rapidly changing regulatory environment
The recent introduction of certification and registration obligations for building consultants contained in various pieces of NSW legislation have the potential to cause confusion for those caught by the multiple overlapping schemes.
Building owners given two more years to pursue cladding claims
On 3 September 2020, the Victorian Government introduced into the Victorian Legislative Assembly a suite of cladding related reforms, including giving building owners more time to take legal action for cladding claims.
"But the defects were already there!" Certifier loses appeal over defective building work
A certifier recently lost his appeal in the ACT's Court of Appeal over a claim by an owner in relation to building defects. The Court found that he was responsible for building defects, which he failed to identify during mandatory inspections.
Supreme Court of NSW decision provides a lesson in the court's approach to cladding claims
In a recent decision, the NSW Supreme Court has demonstrated the importance of AS1530.1 combustibility testing in evidence.
Class closure orders in class actions: Analysing the decision in Parkin v Boral
The recent Full Federal Court decision in Parkin v Boral Limited [2022] FCAFC 47 is the latest in a long line of cases that have considered the court's power to make 'class closure' orders in advance of, and for the purposes of facilitating, mediation.
Force majeure clauses during COVID-19: Tips and takeaways for the construction industry
The COVID-19 pandemic has created much uncertainty in the construction industry, particularly in relation to supply chains and the impact of the use of force majeure clauses in major projects construction contracts.
The changing legislative landscape of Australia's construction sector in FY24
Lander & Rogers' construction & infrastructure and insurance law experts analyse recently passed and proposed legislation impacting building and construction professionals in Australia, and the changes anticipated in the year ahead.
Court holds that VCAT lacks jurisdiction to resolve disputes relating to federal issues
The Victorian Court of Appeal has held that the Victorian Civil and Administrative Tribunal (VCAT) can no longer hear domestic building disputes involving the interpretation or application of federal legislation.
Proportionate liability applies in arbitrations, High Court confirms
The High Court of Australia has allowed an appeal from the decision of the Court of Appeal of South Australia in a long-running dispute on the application of the South Australian proportionate liability regime to disputes which are the subject of arbitration.
Construction disputes capacity boosted in Melbourne
Lander & Rogers has welcomed Morgan Waters and Arjunan 'Archie' Thangarajah as Senior Associates to its Insurance Law & Litigation construction practice. 'As a result of the significant growth of our construction practice nationally, we are delighted to bring on board two experienced Senior Associates in our Melbourne office,' said Natasha Stojanovich, a Partner in our Lander & Rogers' Insurance Law & Litigation team.
The changes continue: Staged implementation of the Building and Construction Industry (Security of Payment) Act 2021 (WA)
In 2021, following both state and national reviews, the Western Australian government introduced the Building and Construction Industry (Security of Payment) Act 2021 (WA).
Complex construction cases moving from the tribunal to the courts: the impact of Plunkett v Portier
Complex construction cases are increasingly being transferred from the Victoria Civil and Administrative Tribunal (VCAT) to the County or Supreme Courts. This trend follows the Tribunal's recent ruling in Plunkett v Portier.
Your rights to prompt payment - an important message for subcontractors
Understanding and using the Security of Payment Act (SOPA) has never been more critical for subcontractors. While the construction industry in Australia has been fortunate in avoiding shutdown, an uncertain pipeline of work, coupled with the economic impact of COVID-19 on otherwise profitable clients, and stringent government guidelines, means that ensuring prompt payment is more important than ever.
Developers' obligations under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 No 9
From 1 March 2021, the transitional period under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 No 9 (the Act) (the Act commenced on 1 September 2020) will come to an end, and the provisions of the Act summarised below, will come into force.
Complete the cladding checklist or pay the penalty
By 29 March 2019, building owners in Queensland will need to complete the online combustible cladding checklist. As a result of amendments to the Building Regulation 2006 (Qld) on 1 October 2018, building owners may now be required to register their buildings and complete the online combustible cladding checklist (https://www.saferbuildings.qld.gov.au/). This process is intended to identify buildings in Queensland that may contain combustible cladding.
Court of Appeal confirms application of 10-year long stop period for defective building claims will differ across state jurisdictions
The South Australian Court of Appeal has considered the interaction between South Australia's 10-year long stop period and a five-year limitation period for claims for breaches of statutory warranties.
Is flammable cladding the new asbestos? What are the issues for the construction industry
This is the second episode in our Construction & Engineering video series on the flammable cladding crisis. In part two, Natasha Stojanovich — one of our construction disputes and insurance experts talks about the importance of carrying out internal audits of past construction projects; notification obligations; insurance renewal issues and the potential exposures in remedial work.
VBA gets green light to pursue the fire engineer of the Neo200 building
A year ago, the Neo200 building was engulfed in flames. One year on, the building's fire engineer, Bruce Thomas, has failed in his bid to side-step disciplinary proceedings brought against him by the state's building regulator (the Victorian Building Authority (VBA)). The VBA was successful, and may now proceed with its disciplinary proceeding against Mr Thomas.
Landmark judgments impacts Building & Construction Industry Security of Payment legislation
The High Court has handed down two decisions concerning security of payments claims made under the relevant Building and Construction Industry Security of Payment Act in NSW and South Australia('SOPA'). This bulletin provides an overview of two recent high court decision and discusses what the outcomes of these mean for the building and construction industry in relation to Security of Payment.
Prefabricated construction methods on the agenda for the Australian Building Codes Board
On 21 June 2024, the Building Ministers Meeting took place to discuss the priorities of the Australian Building Codes Board (ABCB) for 2024-2025. The ABCB is responsible for developing and maintaining nationally consistent technical standards for the design, construction, and performance of buildings in Australia. Addressing regulatory issues associated with prefabricated construction methods is firmly on the agenda for the ABCB, which is welcome news for the construction industry.
Anna Olayos
Senior Associate
Related expertise: Construction and engineering , Disputes and litigation
Challenges in complex litigation in Victoria: Supreme Court of Victoria quashes VCAT's longest running case
The case of Lloyd's v Shangri-La highlights the perils of choosing the wrong forum in complex construction disputes.
Court confirms proportionate liability defence can be pleaded to a claim for breach of statutory duty of care under DBP Act
The Supreme Court of NSW has confirmed that a proportionate liability defence can be pleaded to a claim for breach of the statutory duty of care under the Design and Building Practitioners Act 2020 (NSW).
Timothy McElhenny
Senior Associate
Related expertise: Construction and engineering , Disputes and litigation , Insurance
Engineering Practice Standard is on hold, but professional engineers must register now
An update on the timing and deadlines for engineers' obligations under the NSW Design and Building Practitioners Act, Regulation and the Engineering Practice Standard.
Is flammable cladding the new asbestos? The issues that developers and builders of future projects involving external wall cladding should consider.
In part four of our Construction & Engineering video series on the flammable cladding crisis, Rohan Bennett — one of our construction disputes and insurance experts — talks about the issues that developers and builders of future projects involving external wall cladding should consider.
NSW advances energy transition with approval of Central-West Orana REZ Transmission Project
In more good news for NSW's energy transition focussed around renewable energy zones (REZ), on 26 June 2024 the Minister for Planning and Public Spaces (the Minister) granted an infrastructure approval to the Energy Corporation of NSW (EnergyCo) for the Central-West Orana REZ Transmission Project (the CWO Project). The Minister is the approval authority as the CWO Project is declared to be State Significant Infrastructure under the State Environmental Planning Policy (Planning Systems) 2021.
Domestic building disputes feeling the ripples of the landmark Lacrosse case
The Victorian Court of Appeal's long-awaited decision in relation to the litigation arising from the Lacrosse fire marks Australia's first flammable cladding case decided in a superior Court.
Veronica Chapman
Consultant
Related expertise: Construction and engineering , Disputes and litigation , Insurance
Has the fire been extinguished? A case update on the Lacrosse decision
The Lacrosse Building is a 23 storey mixed-use building located in Docklands, Melbourne. In November 2014, the building was engulfed in flames and 450-500 residents had to be evacuated. The fire's spread was aided by the ACPs on the building's external façade. The ACPs used on the exterior of the building were manufactured in China and had a highly combustible polyethylene core.
Court of Appeal decision clarifies its approach in combustible cladding claims
The Court of Appeal has put the onus firmly back on builders and developers to demonstrate that loss measured by the cost of full removal and replacement of non-compliant cladding is unreasonable.
Goodwin appeal dismissed: Statutory duty of care to remain broad
The NSW Court of Appeal has handed down judgment confirming that the retrospective duty of care under the Design and Building Practitioners Act 2020 (NSW) applies to all building classes.
When the 10-year "absolute" long-stop limitation period is not so absolute...
Sydney Capitol Hotels Pty Ltd v Bandelle Pty Ltd [2019] NSWSC 1825 The NSW Supreme Court has recently found that the 10-year long-stop period for building actions imposed by s6.20 of the Environmental Planning and Assessment Act 1979 NSW (EPA) will not necessarily apply to an action for loss or damage arising in connection with defective building work if the defective work only caused the loss or damage in an 'accidental, incidental or indirect sense'.
The 10-year long-stop limitation period IS absolute after all...
The Court of Appeal has overturned a controversial Supreme Court decision which found that the 10-year long-stop limitation period on building actions would not always apply to a claim alleging defective building work.
NSW energy in for a wind change: Thunderbolt wind farm in New England REZ wins approval
On 8 May 2024 the Independent Planning Commission granted development consent for the 192MW, $373 million Thunderbolt Wind Farm in the New England Renewable Energy Zone, subject to conditions.
Avoiding liability arising from delay: Steps for construction consultants and builders
While delays in project progress and completion are common in the construction industry, the circumstances leading to the delay can rarely be foreseen at time of commencement.