Building & Construction Contracts – Contract Interpretation following Pafburn

Pafburn led to a clarification of the liability of builders and developers in NSW under its unique legislation, and the modification of the application of proportionate liability defences in building claims. The seminar will discuss the implications of this case on builders, developers and insurers and any implications for Victorian lawyers including;

• Overview of Pafburn and key takeaways from the High Court decision;
• The practical consequence for imposing a duty of care in the construction industry as contemplated by Pafburn and implications in Victoria
• Effect on proportionate liability defences and cross claims;
• Victorian building industry regulation reforms and Pafburn’ s relevance to them;
• Drafting reviewing and advising on building contracts in Victoria in light of Pafburn and recent building reforms.