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ARTICLE · 01 APRIL 2019

Lessons from Lacrosse: liability of construction professionals

Corrs Chambers Westgarth
Corrs Chambers Westgarth
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Corrs Chambers Westgarth

Corrs Chambers Westgarth

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Developers, owners, builders and consultants in the construction industry face increased scrutiny and increased risk.

AustraliaReal Estate and Construction

The origins of the November 2014 Lacrosse fire were disturbingly everyday: an abandoned midnight cigarette, a makeshift ashtray in the form of a plastic food container, and a wooden table. Within 12 minutes, 14 floors of the building's external wall cladding were on fire. In 'an outcome that should not go unremarked',1 all 400 or so occupants were safely evacuated.

However, not all have escaped the fire unscathed. The owners (and the owners' corporation) suffered significant financial loss, and consequently brought a claim in the Victorian Civil and Administrative Tribunal (VCAT) against the construction professionals involved in the construction of the Lacrosse building. With VCAT's long-awaited decision now released, it is the prime time to consider the lessons learned from Lacrosse and to ask: how can construction professionals protect themselves when faced with similar claims? And what lessons can developers, owners and builders take from this case?

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