Fencing and Boundary Disputes – we know the answers….
Fencing and Boundary Disputes - we know the answers.... Fences and title boundaries are a well known source of disputes, a fence is damaged or removed, a building is alleged…
It Doesn’t Need to be a Riddle: Section 173 Agreements Explained
It Doesn’t Need to be a Riddle: Section 173 Agreements Explained by Stephen Smith Solicitor, (Victoria Readership) This article explores frequently asked questions about section 173 of the Planning and…
Reliance on “Third Party” Certificates: is the Land & Environment Court More Permissive than the ADT?
Reliance on “Third Party” Certificates: is the Land & Environment Court More Permissive than the ADT? by Stephen Smith, Construction and Commercial Lawyers (New South Wales Readership) In this last…
What to Watch for? A Builder’s Guide to Using Contracts and Avoiding the Pitfalls
What to Watch for? A Builder’s Guide to Using Contracts and Avoiding the Pitfalls by Mr. Stephen Smith (Australian Readership) In tougher economic times it makes sense to do the…
Case Management – Dispute Resolution: An International Perspective
Case Management – Dispute Resolution: An International Perspective Written by Stephen Smith, (International Readership) This Paper will attempt to give an insight into alternative dispute resolution, which is utilized in…
Has Mediation Suffocated Negotiation?
Has Mediation Suffocated Negotiation? Written by Mr. Stephen Smith (Australian readership) Prior to the 1990s, the concept of mediation as a means to dispute resolution was not well established. The…
Time for a Fair Contracts Act for the Building Industry
Time for a Fair Contracts Act for the Building Industry by Stephen Smith (International readership) This article canvases the need for fair go contracting legislation in the building industry, be…
Building Cases and the Dangers and Vagaries of Flawed Expert Testimony
Building Cases and the Dangers and Vagaries of Flawed Expert Testimony (International readership) The winning and losing of a building case often has everything to do with the calibre of…
How Water Tight is a Construction Certificate and Can you Go Behind it?
How Water Tight is a Construction Certificate and Can you Go Behind it? (NSW readership) Does any defective action or omission of an accredited certifier automatically lead to a Part…
Alarm Bells for Builders: A Duty of Care Owed in Respect of Commercial Buildings in NSW and Potentially Australia
Alarm Bells for Builders: A Duty of Care Owed in Respect of Commercial Buildings in NSW and Potentially Australia (NSW readership) A builder will owe a duty to exercise reasonable…
Buyer Beware: The Dangers of Purchasing Property Before it is Constructed
Buyer Beware: The Dangers of Purchasing Property Before it is Constructed (Victorian readership) This article explores the possibilities of an action for building defects between a subsequent owner against a…
BOINZ 47th Annual Conference & Expo 2014 – ‘Building Controls: Our Future’
BOINZ 47th Annual Conference & Expo 2014 – ‘Building Controls: Our Future’ (New Zealand and International readership) The Building Officials Institute of New Zealand is holding its annual conference between…
BCL – Commercial Law
The commercial law division is headed up by Managing Partner Stephen Smith has over 30 years legal experience. He has done numerous tribunal appearances in areas ranging from construction, to planning, to practitioner advocacy…
Building & Commercial Lawyers
Our firm's building lawyers and commercial lawyers are well known and highly regarded in their fields. Chartered building professional Stephen Smith practiced at the Victorian Bar for 25 years in Victorian Courts & Tribunals. Stephen…
Welcome to “Building & Commercial Lawyers”
We are pre-eminent advocates. Building & Commercial Lawyers is capable of representing you in all dispute resolution forums, be it tribunals, courts, mediations, adjudications or arbitrations, Building & Commercial Lawyers has…