Building and Construction Law: Liability and Risk
Sometimes it seems easier to ask what can’t go wrong in a construction project than to fathom the myriad ways everything can fall to pieces for your clients or your organisation. But regardless of whether you’re an optimist or a pessimist, you must be prepared to avoid or manage risk at every turn. And when things do go wrong, it’s essential that you’re across the latest in defects, economic loss, Security of Payment issues, critical new case law and more.
Description
Attend and earn 4 CPD units in Substantive Law
This seminar was recorded in NSW on 6 September 2018
Chair: Vera Culkoff, Barrister, Second Floor Selborne Chambers
9.00am to 11.00am: Defective Building Work, Damages, Defects and Pure Economic Loss
- Duty of care and analysis for the recovery of pure economic loss
- Examine the role of the contract
- Quantifying damages after relying on misleading conduct to purchase a building with defects
- Defective building work
- The legal crossroads where the defective building work by Person 1 (eg the builder) collides with the negligent advice or misleading conduct of Person 2 (eg the real estate agent, the vendor or a solicitor)
- What quantum can one claim?
- Consideration of what evidence, both lay and expert, one must marshal to prove loss in support of one or other measure
- Comparison of cases to consider: costs of rectification or diminution in value?
- Pisano v Williams [2015] NSWCA 177
- Livingstone v Mitchell [2007] NSWSC 1477
- Security of Payments Act update
- Recent developments and consideration of recent High Court cases including:
- Maxcon Constructions v Vadasz [2018] HCA 5
- Probuild Constructions v Shade Systems [2018] HCA 4
Presented by Sydney Jacobs, Barrister, 13 Wentworth Selborne Chambers and Vikram Misra, Barrister, Third Floor Wentworth Chambers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Developments in Managing Construction Risk
- Bond, Developer Bond: Licence to Bill? Overview and operation of Part 11 Strata Schemes Management Act 2015 (NSW)
- Terminator: Judgment Day? Terminating construction contracts in a safe harbour following the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017
Presented by James Mack, Barrister, Level 22 Chambers and Michael Morrissey, Managing Director and Principal, Morrissey Law and Advisory
12.15pm to 1.15pm: Lessons from the Aluminium Cladding Debacle
- The tragic consequences of Grenfell and the aluminium cladding cases as well as the serious but less tragic fallout and consequences of the product
- Responsibility or liability: Where does the buck stop?
- How did we get here and where do we go from here?
Presented by Philip Bambagiotti, Barrister, Tenth Floor St James Hall Chambers