COURSE CATEGORY
Professional Skills
Defect claims: navigating the minefield
Reviewed 5 November 2025.
Defects are an unavoidable aspect of the construction industry, but the legal complexities and responsibilities they bring can be challenging to manage. This session offers an in-depth exploration of defects in construction projects, highlighting key areas such as:
- Key concepts:
- What is a defect?
- Defective v incomplete
- Defect liability periods
- Types of actions available
- Breach of contract / deed
- Breach of statutory warranty
- Breach of statutory duty of care
- Breach of tortious care
- Misleading and deceptive conduct
- Other key elements:
- Scott schedules / expert evidence
- Mitigation, Remoteness, Betterment
- Civil liability:
- Limitation periods
- Standstill agreements
- Extended contractual warranties
- Proportionate liability
Completion of this course will earn you 1 CPD unit
TARGET AUDIENCE
Solicitors in general practice.
CPD POINTS
1
TYPE
Video based interactive module
Alex Ottaway
Partner, HWL Ebsworth (Sydney)
Alex is a Partner in the Sydney Commonwealth Government group. Alex has around 14 years’ experience as a qualified solicitor, specialising in construction and infrastructure projects, including project advice, contract-drafting and dispute resolution, which encompasses negotiation, mediation, adjudication, expert determination, arbitration and litigation.
He advises and acts for Commonwealth Government and other public and private-sector participants in diverse industries such as infrastructure (rail/roads/ports), industrial (chemical/polymer plants), resources (LNG/oil & gas), energy, advanced manufacturing and housing.
Alex is based in Sydney and regularly advises on projects in all Australian States and Territories. He also practised in London for around six years, advising on projects in the UK, continental Europe and the MENA region.
