The challenges are growing within the residential building industry, where a perfect storm of factors has led to a significant spike in building claims from disgruntled owners. Complaints to builders and the building commission have doubled between 2020 and 2023, reflecting increased dissatisfaction and referrals from the Building Commission to the State Administrative Tribunal have surged. With the trends showing no signs of abating, attend and gain valuable insights and practical solutions to address the rising tide of building claims in Western Australia.
Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on WA legislation
Chair
Scott Ellis, Barrister, Francis Burt Chambers
1.00pm to 2.00pm Residential Construction Disputes Intensive: Defective Works, Delays and Price Increases
Benefit from a focused session on claims made by owners against builders and consider the three main common categories of building disputes which become litigious: delay, price increases and defective works:
- Home Building Work Contract:
- As defied under the BSCRA
- HIA and Master Builders Contracts
- What all HBW Contracts have in common
- Making a claim under the BSCRA:
- Claim for defective works:
- Practical Completion Inspection
- Minor versus significant defects
- Notice of Proposed Complaint
- Building Commission Complaint
- What the Building Commission will do?
- No resolution, referral to SAT
- Process in SAT
- Claims for delay under Contract:
- Relevant contractual clauses relating to delay and extensions of time and liquidated damages
- Claims for extension of time (EOTs) by builders
- SAT commentary on EOTs
- Owner making a claim for delay against builder
- Claims opposing price increases:
- Relevant contractual clauses relating to price increases
- Statutory regime for price increases
- Builder claims for price increases and the basis upon which they are legitimate or invalid
- SAT commentary on price increases
- Owner making a claim for to dispute price increase against builder
- Claim for defective works:
Presented by Jonathan Jacobson, Commercial Litigator, Jacobson & Associates
Presenters
Scott Ellis, Barrister, Francis Burt Chambers
Scott Ellis practices as an arbitrator, adjudicator, mediator and barrister from Francis Burt Chambers. Prior to joining the Bar, he was a partner of Freehills for a number of years. He has dealt with more than 400 disputes as an arbitrator, mediator, expert determiner and as a third party neutral. He is a Fellow of ACICA and Resolution Institute. He is a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators. He is accredited to NMAS standards as a mediator. He is registered as an adjudicator under the Construction Contracts (Former Provisions) Act 2004 (still) and as a Grade 2 Adjudicator and a Review Adjudicator under the Building and Construction Industry (Security of Payment) Act, 2021. He is also a NSW adjudicator. He is a Senior Sessional Member of the State Administrative Tribunal and a member of the National Sports Tribunal. He is the Acting Corruption and Crime Commissioner. He has also appeared as counsel in Supreme Court proceedings for judicial review of adjudicator’s decisions. In 2022 he was listed by Doyle’s Guide as a Leading WA Mediator, and a Leading Barrister in Construction and Infrastructure and in Arbitration.
Jonathan Jacobson, Commercial Litigator, Jacobson & Associates
Jonathan Jacobson specialises in residential building construction law, providing advice to builders and owners regarding contract management and dispute resolution. He has specialist experience and knowledge of court practice and procedures, particularly in the State Administrative Tribunal where building disputes are frequently litigated. His experience includes, providing advice on building contracts and applicable legislation, briefing construction and engineering experts and conducting litigation matters from commencement to trial. He believes that with proper legal advice, building disputes can be resolved commercially, or better still, avoided completely.
