Mastering Building and Construction Disputes
This half-day immersive workshop will enable you master the more technical elements of a building and construction dispute. Review practical scenarios, receive critical insights and learn how to approach a dispute involving an owner who sells who their home before or during a claim, or if they are not claiming diminution of the value of their asset. Gain perspective on whether a builder can sue a subcontractor for defective works and examine options for assessment of damages and duties of care. WEB229V06
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Feel Confident handling a building defect claim
Master assessment of damages in building claims
Explore Duties of Care by building practitioners
This session will cover:
- What happens if an owner sells their home during or before they claim against a builder?
- What if they are not claiming diminution of the value of their asset post sale?
- Can a builder sue a subcontractor for defective works if the owner has not made a claim on the builder and there is no evidence that the builder will actually do the rectification work?
- What is the assessment of damages in an action between builder and subcontractor where the subcontractor arguably owes a duty to the owners direct as well as having a contractual obligation to the owner and the owners are not party to the litigation (and don’t want to be)?
- Duties of care by various building practitioners
- Assessments of Damages in building cases
Presented by David Fairweather, Principal, Oldham Fairweather Legal
Presented by Nicholas Andreou, Barrister, Chapman's List
Presenters
David Fairweather
David Fairweather is the Principal of Oldham Fairweather Legal, a legal practice which focuses predominantly on all aspects of the building and construction industry. David's twenty-year career has ranged from providing advice in relation to the redevelopment of the MCG, windfarm projects and the redevelopment of the old Fairfield Infectious Diseases Hospital into a TAFE which was fraught with industrial relations issues. Fairweather legal typically represents parties in all Courts, the VCAT and before building statutory boards. David was appointed a member of the Building Appeals Board on which he served for 6 years. He also has a specialty in defending building practitioners in disciplinary proceedings. Fairweather Legal has been responsible recently for the Court of Appeal's greater clarification of the National Construction Code which has gained national interest and application.
Nicholas Andreou
Nicholas practises primarily in commercial, construction, corporations and defamation law. Nicholas is a Nationally Accredited Mediator. Prior to signing the Bar roll, Nicholas provided advice to the United Nations Office of Internal Oversight Services (OIOS) and the United Nations Commission on International Trade Law (UNCITRAL) in Vienna.