Heavy machinery, a litigation perspective

At Scoglio Law, over the years we have been involved in numerous disputes regarding heavy machinery (sometimes called heavy equipment) for our clients.

‘Heavy machinery’ is a broad term which encompasses a vast range of personal property, vehicles and equipment.

Traditionally the term refers to heavy duty vehicles which are involved in the construction industry, particularly:

• Earthmovers

• Tractors

• Bulldozers

• Dump trucks

• Excavators

• Cranes

The term is also apt to refer to large machinery which may play a more indirect role in the construction industry. Examples of this include heavy commercial road vehicles such as semi-trailers, tanker trucks and delivery trucks.

Our experience tells us that although disputes regarding heavy machinery involve individual facts and circumstances, there are often recurring legal issues involved in them. Some of these include:

• Breach of warranty claims

• Negligence claims

• Ensuring effective and enforceable contracts are in place

• Contractual disputes

• Insurance disputes

• Lease, hire-purchase and securities issues

• Product liability and ACL claims

• Intellectual property disputes

• Regulatory compliance issues.

We will explore some of these legal issues relating to heavy machinery in upcoming articles. In the meantime, if you find yourself involved in heavy machinery disputes and need legal advice, please do not hesitate to contact Tony Scoglio on (07) 3833 2100.