Noble Lawyers is experienced in providing both front end (advice and drafting) and back end (litigation and alternative dispute resolution) services.

The firm acts for builders, developers, sub-contractors, building surveyors, architects, other building professionals and owners in both commercial and domestic disputes in the Courts and VCAT.

We act for Plaintiffs and Defendants alike and we are well familiar with the Building and Construction Industry Security of Payment Act. Indeed, we prepared the very first adjudication application in Victoria resulting in a determination in our client’s favour.

We also acted for the claimant in what we understand was the first successful summary judgement application under the Act in Victoria. View document (PDF 17kb). We have also successfully resisted a summary judgement application by a claimant against our respondent client on the basis of our argument that the adjudicator had not been properly appointed.

In 2008, we obtained summary judgement for our builder client in the sum of approximately $600,000.00 against a developer under an AS 2124 standard form contract. The developer’s superintendent had failed to issue a progress certificate upon receipt of our client’s payment claim. Accordingly, under the terms of the contract, the developer was liable to pay to our client the amount of its claim. As well as resisting our client’s application for summary judgement, the developer also argued that our client’s proceeding should be stayed because the developer argued that it arose wholly or predominantly from a domestic building dispute. The Court dismissed that application, finding that the Domestic Building Contracts Act did not apply to “owner developers” and then ordered judgment in favour of our client on its claim. View Document (PDF 152KB)

In another case, our builder client commenced proceedings in the Victorian County Court seeking to have the developer of a project in Byron Bay pay the retention monies into a trust account. The developer resisted this application and sought to have our client’s proceeding stayed on the basis that the proceedings should have been commenced in New South Wales and not in Victoria. However, the Court dismissed the developer’s application. This matter then settled shortly afterwards with the court ordering by consent that the retention monies be paid into a trust account to be paid out on the agreement of the parties or further order of the court. View Document (PDF 90KB)

If you would like advice on commercial or construction matter or more information about our firm, please contact us by email or by calling (03) 9670 3794.

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