Step-by-Step Guide to Reviewing Domestic Building Contracts

This is your step-by-step guide to reviewing domestic building contracts and your key to advising clients with precision, uncovering key clauses, and identifying red flags for enhanced protection. Explore effective dispute resolution strategies, learn the art of drafting watertight clauses to avoid costly delays, and discover insider tips for amending and terminating contracts with finesse. Don't miss this essential opportunity to elevate your expertise and safeguard your clients' interests in every contract review.

Thursday, 21 November 2024
Chair:

John Gurr SC, Foley’s List; Recommended Construction & Infrastructure Senior Counsel, Doyle’s Guide 2024

10.00am to 11.00am Domestic Building Insurance: What you Need to Know

 

  • The DBI framework: What is it and what happens if you don’t have it?
  • Key policy terms
  • Coverage: incomplete work, structural and non-structural defects
  • Overview of the claims process
  • Legislative changes and new offences under the DBCA and Building Act 

Presented by Fabienne Loncar, Partner, Moray & Agnew Lawyers

9.00am to 10.00am How to Advise Your Clients about Domestic Building Contracts

 

  • Key clauses and concepts to consider when reviewing a domestic building contract
  • Red flags and warnings to clients
  • Practical improvements to protect clients’ interests

Presented by Nathan Abbott, Partner, Dentons; Recommended Construction & Infrastructure Litigation Lawyer, Doye’s Guide 2023

12.15pm to 1.15pm Amending and Terminating Building Contracts

 

  • Issues to consider when negotiating contracts and avoiding common mistakes
  • Variations post contractual formation
  • Hidden traps and tricky issues when terminating contracts
  • Minimising the risk of committing any wrongful termination when acting for client 

Presented by David Fairweather, Principal, Fairweather Legal

11.00am to 11.15am Morning Break
11.15am to 12.15pm Dispute Resolution Clauses in Domestic Building Contracts

 

  • Are dispute resolution (DR) clauses necessary and worthwhile?
  • Different options to consider when drafting DR clauses
  • Poorly drafted DR clauses can cause delays and additional costs
  • Not all DR clauses are binding

Presented by Adam Rollnik, Barrister, Mediator, Arbitrator, List G Barristers; Director, Arbitration Victoria; Recommended Construction & Infrastructure Law Junior Counsel, Doyle’s Guide 2024 

Description

 Attend and earn 4 CPD units in Substantive Law
This program is based on VIC legislation

Presenters


Nathan Abbott, Partner, Dentons
Nathan is a Partner in Dentons’ Melbourne office in the Construction team. Nathan has extensive experience advising on major construction projects and acting in construction disputes. The projects he has worked on include office buildings, sporting complexes, large residential developments, freight distribution facilities, food processing facilities, port redevelopments and extensions to the terminal at Melbourne's Tullamarine Airport. Nathan has acted for the Victorian Government, the Australian Government, property developers, contractors, major corporations and significant clubs and sporting organisations, including Carlton Football Club, Essendon Football Club, the Royal Automotive Club of Victoria and the Melbourne Cricket Club. Nathan has extensive experience acting on Security of Payment claims in construction disputes.


Fabienne Loncar, Partner, Moray & Agnew Lawyers
Fabienne specialises in commercial litigation and dispute resolution in the areas of building defects and flammable cladding claims, strata law and domestic building insurance. Fabienne’s clients range from leading private and government insurers, through to property developers, owners corporations and homeowners. She provides accurate advice to facilitate solutions and effect results. Fabienne’s growing strata practice includes a range of stakeholders from owners corporations to developers. She advises on building defect and cladding claims, topical concerns such as COVID-19 requirements, debt and levy recoveries, and litigated disputes. Fabienne also advises developers on strata establishment obligations including the preparation of bespoke owners corporation rules for complex developments.


Adam Rollnik, Barrister, Mediator, Arbitrator, List G Barristers
Adam Rollnik is a barrister at the Victorian Bar who specialises in commercial disputes in all State and Federal Courts. He also acts as a mediator and arbitrator and is a Fellow of the Chartered Institute of Arbitrators and the Australian Centre of International Commercial Arbitration. Adam has particular expertise in contractual disputes, commercial arbitration (international and domestic), building and construction (including security of payment), owners corporations, commercial leasing, franchising, sports law, and insurance. Adam is a former lecturer at Monash University; he has taught advocacy at the Leo Cussen Centre for Law and has been recognised in Doyle’s Guide of Australia’s Best Barristers. Adam is a director of Arbitration Victoria, and prior to coming to the Bar, Adam worked as an industrial chemist for ICI and Chevron; he was a police officer with Victoria Police and a lawyer and Senior Associate at King & Wood Mallesons and Ashurst in Melbourne, Perth and London.


David Fairweather, Principal, Fairweather Legal
David Fairweather is the principal of 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.


John Gurr SC, Foley’s List
John Gurr SC is a commercial barrister at the Victorian Bar who specialises in disputes concerning major infrastructure, resources and construction projects. He is regularly briefed in commercial matters in the superior courts, including industrial disputes in the construction and engineering sector. John is recognised in the Australian Financial Review's Best Lawyers for construction/infrastructure and is ranked in Doyle’s Guide as a leading construction senior counsel in construction and infrastructure. John is a Fellow of the Chartered Institute of Arbitrators and has appeared as counsel in significant domestic and international commercial arbitrations, both ad hoc and under the auspices of the ICC, LCIA and IAMA, including arbitrations seated in London, Singapore and most Australian capitals.

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Step-by-Step Guide to Reviewing Domestic Building Contracts

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Single Session
Thursday, 21 November 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$505.00
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