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ARTICLE · 17 MAY 2019

Burning issues - plenty for councils to learn from Lacrosse fire and subsequent litigation

Councils should ensure that the building contractors and consultants maintain adequate levels of liability insurance.

AustraliaReal Estate and Construction

Councils regularly engage in the delivery of construction projects, including new buildings, fitouts and rectification following damage. Such projects often see council entering into contracts with professional consultants such as architects and building surveyors.

The recent Lacrosse tower decision contains a number of salient reminders for councils in such situations.

Background

In November 2014, the 23-storey mixed-use Lacrosse tower in Docklands, Victoria caught fire after Jean-Francois Gubitta, a resident of the building, left a smouldering cigarette butt in a plastic food container on a level 8 balcony.

By the time the first fire crew arrived, the fire was travelling rapidly up the external wall cladding and spreading onto the balcony on each level. The fire had already climbed to level 14 and a few minutes later reached the top of the building. About 500 residents had to be evacuated.

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