CPD Programs

Your Ultimate 2019 Case Update 

Are you sure you are on top of all the latest building and construction cases? This session will review recent significant cases in building and construction related litigation, highlighting key lessons and risk areas. Cases to September 2019 will be covered. This session is The Ultimate Case Update!  

Issues include:

• Defects and Incomplete Works;

• Limitations of Actions;

• Liability of Construction ‘Professionals’;

• Scope of Works.

Drafting Mini-Masterclass  

This session will tackle head on the essential tips and traps in various important agreements.

• Navigating through the Construction Contract - What to look out for and what to avoid including reference to express representations and also the relationship to Australian Consumer Law

• Off the Plan Contracts - Sealing Up the Cracks in 2019. In the wake of Opal Tower and Building cladding problems it is clear that contingencies should now be considered when drafting or reviewing Off the Plan Contracts and advising clients in related contracts.

This session will provide an overview of the most important factors you must ensure are covered in these documents.

National Construction Code (NCC) of Australia 

The NCC was adopted on 1 May 2019 and introduces significant changes. The NCC is administered by the relevant States and Territories (in Victoria under the Building Act 1993) and broadly covers the following:

• NCC Volume One applies to multi-residential, commercial, industrial and public buildings and structures.
• NCC Volume Two applies to residential and non-habitable buildings and structures.
• NCC Volume Three applies to plumbing and drainage for all classes of buildings.

This session will discuss the above changes including:

• Performance Based Compliance Options;
• Acceptable Construction Practices (ACP).

Construction Contracts Management  

A construction project often requires multiple contracts to be drafted involving builder, IT Contractor, AV Contractor and others.  Synchronising these multiple contracts is essential for the project to run smoothly. 

This session will look at a ‘typical’ construction project scenario and outline the common multiple contracts that may be involved and provide helpful guidance on managing this complex process.

Performance Securities - Options and Risks 

The issue of which Performance Security to choose when drafting building and construction contracts can be critical when things go wrong. This session will demystify this often complex area and provide guidance on the options and risks associated with those options. This session will discuss and compare options including:

• Banks Guarantees

• Insurance Bonds

• PPSR Securities

• Cash Retention

• Letter of Comfort

• Mortgage

• Longer Payment Terms and Offsetting Provisions

• Separate Bank Account

• Related Party Guarantee

ALERT! The Sale of Land Amendment Act 2019 and Sunset Clauses – A New Dawn Breaks for Purchasers 

The Sale of Land Amendment Bill 2019 was passed on 28 May 2019 and introduced key changes to sunset clauses and off the plan developments which is to have retrospective effect to 23 August 2018.

This session will discuss the Sale of Land Amendment Act 2019 and will focus on new provisions ss10A to 10F that the Act will insert into the Sale of Land Act 1962. These provisions will impose significant impacts on vendors, their current developments and future investments.

Presented by: Louise Hicks, Barrister, Victorian Bar

Insurance - Managing Construction Risk 

What are the risks to your client if you fall short of giving the proper advice regarding the usual and perhaps more unusual insurance cover applicable to your client’s project? Insurance issues include policy coverage, terms and conditions, exclusions, defective work and design, indemnity and subrogation, project coverage and gaps.

This session will provide an overview of the insurance related risks including subtleties and nuances that building and construction lawyers need to know and how to best protect their clients’ interests.

Presented by: Alexandra Golding, Barrister, Victorian Bar