Entries by George Hayek

Victorian Civil and Administrative Tribunal Decides on Lacrosse Cladding Fire

By Mr George Hayek and Mr Christian Marchant On 28 February 2019, the Honourable Judge Woodward of the Victorian Civil and Administrative Tribunal (VCAT) issued a landmark determination in relation to the liability of Builders and Consultants regarding the installation of Aluminium Composite Panelling (ACP) on Australian Buildings in breach of the deemed to satisfy […]

Case Note: Ku-ring-gai Council v Chan [2017] NSWCA 226

By George Hayek- Director & Peter Bijjani- Lawyer The New South Wales Court of Appeal, in the matter of Ku-ring-gai Council v Chan [2017] NSWCA 226, confirmed that a principal certifying authority (PCA) does not owe a duty of care to avoid pure economic loss to prospective purchasers of a property when issuing an Occupying […]

The Personal Property Security Act 2009 (PPSA)

The Personal Property Security Act 2009 (PPSA), is a regime to secure an interest in personal property. What is Personal Property? Personal property is any property, including, goods, plant and equipment except for land and its fixtures. What is a Security Interest? A security interest is any interest in personal property created by an agreement […]

Liquidated Damages and Delay…all in a Day’s Work!

We can all say that we have had our fair share of heated discussions about delay and EOT’s. Whether you’re a small builder or a major civil contractor, liquidated damages, extension of time (EOT) and delay are always controversial topics.   Liquidated Damages, Penalty or Compensation? Liquidated damages are back charged when there is a […]