Contact

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P: 9262 6188

E: bwalton@pvlaw.com.au

Introduction

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Brian specialises in the resolution of building, engineering and construction disputes, having acted for project developers, engineering consultants, contractors and subcontractors, in the various disputes that they encounter including litigation, arbitration, adjudication, expert determination and mediation.

Brian is an analytical and strategic thinker with a talent for providing innovative and commercially astute solutions for clients. He has a proven track record of achieving successful outcomes for clients in contentious matters in numerous Courts and Tribunals.

Brian is also experienced in the drafting and negotiation of contracts and the structuring and drafting of joint venture agreements to suit the particular needs of clients.

Experience

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  • Advising a subcontractor in relation to a $100 million dollar breach of contract dispute with the head contractor concerning a major gas pipeline project in Queensland.
  • Advising an engineering contractor in relation to a multi-million dollar breach of contract dispute concerning the construction of medical plant and equipment for a hospital in NSW.
  • Acted for the developer in a successful appeal to the Court of Appeal in a multi-million dollar dispute in Ace Woollahra Pty Ltd v The Owners Strata Plan 61424 & Anor [2010] NSWCA 101 which became a leading authority on the operation of the statutory warranties in the Home Building Act 1989 (NSW), and on 28 June 2010 caused the NSW State Government to introduce the Home Building Amendment (Warranties and Insurance) Act 2010 in order to overcome the effect of the Court’s decision.
  • Acted for a certifier in multi-million dollar building defects and professional negligence proceedings in the Supreme Court.
  • Drafted and negotiated a joint venture agreement for the AIBS. 
  • Acted for the developer in successful building defects and negligence proceedings in the District Court.
  • Advised individual lot proprietors and owners corporations in relation to building defects disputes and other strata disputes.