The Victorian Civil and Administrative Tribunal (VCAT) has made its determination on the decision in relation to LU Simon Builders and the presence of aluminium composite panelling (ACP) on Lacrosse Tower in Docklands.

VCAT assessed responsibility across a broad spectrum of participants and found that LU Simon Pty Ltd did not fail to exercise reasonable care in the construction of the Lacrosse building. 

However, it found LU Simon Builders’ consultants did breach their duty of care to the owners. Accordingly VCAT apportioned fault between the fire engineer (39%) building surveyor (33%), the architect (25%), with the French backpacker - whose cigarette started the fire - (3%).

“The VCAT finding highlights the complexity and nuances of this issue. However, the systemic failures in the building design and construction process have meant that there was considerable lack of knowledge, guidance and enforcement by the regulator and across the industry as a whole,” Master Builders Victoria CEO Rebecca Casson said.

“By overlooking regulatory failure and rejecting rational solutions, the authorities have let down the community” said Ms Casson.

“We are pleased that this VCAT decision recognises that the system involves many practitioners and organisations, with diverse levels of knowledge and responsibility.”

“However, a decision that might effectively cause an explosion in litigation is not an ideal outcome.”

“The vilification of builders and attacks on industry practitioners must cease if the flow-on effects on litigation and insurance system are to be avoided. This will provide an opportunity for industry to step forward and become part of the solution,” Ms Casson said.

“We look forward to continuing to work with all levels of Government, and all stakeholders, to develop an effective and even-handed approach to rectifying the problem for the benefit of our community,” she said.