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ARTICLE · 18 MARCH 2019

Residential Focus: Lacrosse tower decision

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The case shows how a tribunal apportions liability between those involved in the selection and use of building cladding.

AustraliaReal Estate and Construction
Christine Jones
Christine Jones
Divya Chaddha
Divya Chaddha
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Lacrosse tower decision handed down

The Victorian Civil Administrative Tribunal (VCAT) recently handed down the eagerly awaited Lacrosse decision,[1] providing guidance as to how a tribunal (or court) may apportion liability between those involved in the selection and use of aluminium composite panels (ACPs). 

The facts 

On or around 14 May 2010, LU Simon (the Builder) entered into a design & construct contract with 675 La Trobe Street Pty Ltd (the Developer) for construction of Lacrosse tower. Warranties of suitability of materials, compliance with the law and fitness for purpose were implied in the design & construct contract pursuant to section 8 of the Domestic Building Contracts Act 1999 (DBC Act) (similar to the statutory warranties under Part 2C of the Home Building Act 1989 in the NSW context). The design & construct contract also imposed design obligations on LU Simon (relied on by the architects Elenberg Fraser). 

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