Eric Karabardak
Principal
Eric is the Principal of the firm. He is a highly experienced and accomplished building and construction and litigation lawyer, with a unique background as a registered and practising builder.
He regularly acts for a variety of clients including local government, builders, developers, owners corporations, administrators/liquidators, home owners, building surveyors and building contractors. He has a particular interest in protection work disputes, combustible cladding matters and highly technical compliance matters.
With over 18 years of expertise in this specialised field, he brings a comprehensive understanding of both the legal intricacies and practical challenges that encompass the construction industry.
Eric is also a Nationally Accredited Mediator (mediating building disputes), holds various board positions, has been a member of Master Builders Victoria for almost 10 years, and is a member of the Building Dispute Practitioners Society. He also has online publications, including on Linkedin and Austlii, and several reported Court and Tribunal decisions.
His commitment to delivering effective legal solutions and his hands-on experience as a builder make him a valuable asset in resolving complex construction disputes and ensuring the successful execution of construction projects.
Memberships
- Law Institute of Victoria
- Master Builders Victoria
- Building Dispute Practitioners Society
- Concrete Institute of Australia
Experience
- Metro Tunnel Project ($12.58 billion project) - Advised and negotiated piling anchor sub-contract agreement for contractor on multiple stages and locations of the project.
- Hines T3 Collingwood Timber Tower ($200 million development) - Negotiated sub-contract agreement for certifying fire engineer for the tallest commercial timber building in Victoria
- St John of God Ballarat Hospital Extension ($56 million project) - Advised on sub-contract agreement for piling contractor for all project piling works.
- Building & Plumbing Commission Disciplinary & Prosecution Matters - Regularly representing and advising building surveyors and builders in BPC disciplinary and prosecution matters, including advising and representing municipal building surveyors and some of Victoria's largest and reputable builders.
- SOPA Claims/Adjudications/Appeals (NSW) - NSW Art Gallery - Was successful in an adjudication under Building and Construction Security of Payments Act 1999 against the New South Wales Art Gallery for a specialist builder constructing abstract art and landscaping.
- SOPA Claims/Adjudications/Appeals (VIC) - Regularly acting for and advising clients in matters related to the Building and Construction Security of Payments Act 2002 (SOP Act). Eric was successful in the matters of Promax Building Developments Pty Ltd v Pcarol & Co Pty Ltd [2017] VCC 495 (3 May 2017) and Bway Group Pty Ltd v Chris Pasiopoulos [2019] VCC 691, which provided insight as to whether an owner is in the business of building residences for the purposes of s 7(2)(b) of the SOP Act.
- Protection Works & Crane Air Space Rights- Negotiation of protection works and errection of crane for building within Melbourne CBD
- Fitness For Purpose (Cladding) - Advising and acting in a claim aginast a large manufacturer of cladding material, and successully settled the dispute, on the basis of the cladding not being fit for purpose, resulting in the product being recalled form the market.
- Combustible Cladding Compliance - Successfully advised and assisted one of Victoria's largest municipalities obtaining compliance for its own office building, which was cladding with non-compliant ACP.
- Combustible Cladding Compliance - St Kilda Road (180 apartment building) - Negotiated and advised on building contract for Owners Corporation for replacement of combustible cladding.
- Owners Corporation Law - Acting for one of Victoria's largest owners corporation managers for building defects and combustable cladding rectification.
- 100+ Apartment Building (Oakleigh Vic) - Contract review, advice and construction management
- 103 Apartment Building (Bentleigh Vic) - Contract review and advice
- 17 Level Hotel Building (Burleigh Heads QLD) - Contract review and advice
- 21 Level Apartment Building (Broadbeach QLD) - Contract review and advice
- 15 Level Mixed Use (107 apartments & 7 Shops) Building (Dandenong Vic) - Contract review, advice and construction management
- Administration/Liquidation - Regularly acting for adminsitrators and liquidators in the administration and liquidation of large building companies
- Southern Star Wheel - Initiated consolidated action in VCAT against ING for tenants of Habour Town Shopping Centre following breakdown of wheel.
- Collingwood Football Club - Acting in various litigation matters and sale and purchase of club assets.
- Westfield Eastland - Initiating legal proceedings against QIC for tenant affected by $600 million redevelopment of shopping centre.
- Luxury Residence - Advising and acting for homeowner for construction of $30million residence in Melbourne.
Reported Cases
- Hicks General Construction Pty Ltd v Promax Regional Developments Pty Ltd (Building and Property) [2023] VCAT 166 (7 February 2023)
- Cox v ZAG Investments Pty Ltd [2021] VCC 1842
- Launch No. 4 v Southstar Homes [2020] VSC 299
- Bway Group Pty Ltd v Chris Pasiopoulos [2019] VCC 691
- Top Cat Installations Pty Ltd v Southstar Homes Pty Ltd [2019] VCC 1878
- Vanguard Development Group Pty Ltd v Promax Building Developments Pty Ltd & Anor [2018] VSC 386 (6 August 2018)
- Wireline Wholesale v Jordan Infinity Group Pty Ltd [2017] VCC 846
- Promax Building Developments Pty Ltd v Pcarol & Co Pty Ltd [2017] VCC 495 (3 May 2017)
- Higgins Nine Group Pty Ltd v Ladro Greville St Pty Ltd [2016] VSC 244
- Promax Building Developments Pty Ltd v. 167 Lower Heidelberg Road Pty Ltd [2016] VCC 1960 (16 December 2016)
- Blackmagic Design Pty Ltd v Overliese [2011] FCAFC 24; 191 FCR 1
- Motium Pty Ltd v Arrow Electronics Australia Pty Ltd [2011] WASCA 65 (S)
- Blackmagic Design Pty Ltd v Overliese [2010] FCA 13; 84 IPR 505
- Iliopoulos v BM2008 Pty Ltd (In Liquidation) [2010] HCATrans 326
- Perth Freightlines Pty Ltd & Ors v BM2008 Pty Ltd (in liq) & Ors [2011] VSCA 218
Outside of the office, Eric enjoys spending time with his wife and kids, using the firm gym, watching the football, travelling, fishing and playing guitar.
