Richard Hutchings

Richard has a broad range of experience in advising on construction contracts, commercial, construction rectification works and construction disputes. He acts for developers, builders, estate agents, subcontractors, owners’ corporations and owners in front-end contract drafting and back-end disputes, rectification and litigation.

Richard approaches his work with commercial outcomes in mind. He spent time as inhouse counsel with the Victorian Government’s property developer and urban renewal authority and understands what is truly important to our clients.

Richard’s experience includes advising on security of payment claims (for both claimants and respondents), and on construction claims for various parties in VCAT and before relevant courts. He also advises on construction and development consortium arrangements (including funding and disputes between consortium members) and on builder’s warranty claims, construction insurance policies and other constructionrelated indemnities. He has assisted in the resolution of commercial, construction and property disputes (including claims arising from latent conditions in construction projects), debt recovery matters, and misleading and deceptive conduct claims.

• advising on construction and development consortium arrangements, including funding and disputes between consortium members;
• advising on security of payment claims for both claimants and respondents;
• advising on construction claims for a variety of parties in VCAT and before relevant courts;
• acting for and advising owners corporations and owners corporation managers on construction and commercial disputes and front-end matters;
• advising on builder’s warranty claims, construction insurance policies and other construction-related indemnities;
• acting for builders, developers, subcontractors and estate agents in front-end drafting and negotiation of building contracts, including AS2124 and AS4300, agency agreements and Australian Standard and bespoke consultancy agreements for principals and consultants;
• assisting in the resolution of commercial, construction and property disputes, including claims arising from latent conditions in construction projects, and misleading and deceptive conduct claims in relation to the geotechnical conditions of a property and contract disputes in Victoria, New South Wales and Western Australia;
• advising and acting in a wide range of debt recovery matters for and on behalf of insurers and private companies in Victoria, New South Wales and Western Australia;
• in the matter of Allianz v Anthony Vitale and Giuliana Vitale [2014] NSWSC 364 (NSW Supreme Court and Court of Appeal), securing a favourable outcome for Allianz in the recovery from a director of a builder pursuant to a deed of indemnity for certain monies paid out by Allianz; the Court of Appeal confirmed this decision ([2014] NSWCA 358) and;
• acting in the matter of Thiess Contractors v Owners Corporation 431951P Nos. 1-3 (claim no. 1190449900); a claim was lodged on Suncorp by an owners corporation under a builders warranty policy in respect of defects in a multi-storey apartment complex; this litigation before VCAT involved bringing claims against the builder and other consultants for defects in the apartment complex.

Richard works closely with Jobs Australia, the national peak body which helps not-for-profit employment and community services all over Australia to provide the best possible assistance to disadvantaged communities and people.

• Finalist – New Partner 3 years or less, Lawyers Weekly Partner of the Year Awards 2020