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Lovegrove & Cotton Lawyers Bulletin 

 
  3 June 2020

Conflict of Interest Changes for NSW Building Certifiers upon Implementation of the Building and Development Certifiers Act 2018


By Justin Cotton, Director, and Jordan Davies, Senior Paralegal, Lovegrove & Cotton - Construction and Planning Lawyers
 

The Building and Development Certifiers Act 2018 (NSW) will come into force on 1 July 2020. The Act contains new and stronger provisions in regards to conflict of interest for registered certifiers. An important matter going forward is the interpretation of the terms "business, employment, personal, or family relationship." This article analyses the legislation with the aim of shedding some light on what is meant by these terms, and what relationships fall within their scope, with a particular focus on "business relationship". The article concludes that building certifiers should be very vigilant, and that, in any event, the specific circumstances surrounding certification services will be vitally important in determining whether there is a conflict of interest. If you are a private certifier in NSW and have any doubt regarding your obligations, it is important you consult an experienced construction lawyer before these changes come into force.

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Dispute Resolution in a Corona Virus Paradigm – Is a New Normal of Early Bilateral Negotiation Emerging?


By Honorary Consul Kim Lovegrove MSE RML FAIB, Senior Lawyer, Lovegrove & Cotton - Construction and Planning Lawyers

In light of difficult economic conditions, disputants are taking measures to avoid long-winded litigation as much as possible. Bilateral negotiation and settlement are becoming the attractive new norm in a hark back prior to the institutionalisation of mediation in the mid 1990s. Kim Lovegrove discusses this potential ramification of the economic slowdown and contends that more collaborative and conciliatory approaches to dispute resolution may find fertile ground for the near future.

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