VBA, Council & Police Prosecutions – Victorian Building Authority – Building Council Prosecutions
These relate to the building of houses and apartments.
These claims are heard at VCAT.
Usually there’s a claim of building defects, or a debt owed to the builder or subcontractor, or abandoning
the building works or a combination of these.
There are clear rights and obligations
of owner and builder in the Domestic Building Contracts Act 1995.
There are clear contract based rights and obligations in the standard form building contracts drafted by the MBA or HIA. Sometimes builders don’t use these standard form contracts or they use a cost plus contract: this can become a lawyers picnic in the case of dispute!
Occasionally one of the professional consultants is at fault eg the soil
tester, engineer, architect or draftsperson has made a mistake. The consultants owe a duty of care and are usually bound by contract to perform to the standard one would expect of a reasonably competent consultant in their profession.
There are clear rights and obligations
of owner and builder in the Domestic Building Contracts Act 1995.
There are clear contract based rights and obligations in the standard form building contracts drafted by the MBA or HIA. Sometimes builders don’t use these standard form contracts or they use a cost plus contract: this can become a lawyers picnic in the case of dispute!
Occasionally one of the professional consultants is at fault eg the soil
tester, engineer, architect or draftsperson has made a mistake. The consultants owe a duty of care and are usually bound by contract to perform to the standard one would expect of a reasonably competent consultant in their profession.
If the case goes to hearing Just Law will co-ordinate and instruct all necessary experts who we choose for their experience and expertise and high quality analysis and evidence. James Gray does all his own advocacy, so you don’t have to pay 2 lawyers at a hearing!
0434 110 794
Jamesgray@justlaw.net.au