Building and Construction

Anyone who has been involved in a construction project (either as a client or a builder) will understand the complexity of building contracts, and the number of factors that can influence the satisfactory completion of a job.

By their very nature, building projects give rise to a broad range of legal issues which usually require the expertise of an experienced Lawyer.

Our experienced team of Building and Construction Lawyers have been involved in a diverse range of building and construction matters and disputes. Our level of expertise is derived from combined 40+ years of experience and our commitment to being commercially astute and trusted advisors.

From managing disputes over work quality and timeliness, unforeseen circumstances and progress payments during construction, to liability and payment issues at the end of the job, many construction-related disputes become extremely time consuming and costly for all involved.

Our Services Include

  • Property Law
  • Local Government and Planning Law
  • Property Development
  • Commercial Law & Litigation
  • Wollongong and Nowra Court & NCAT Agents
  • Notary Public Services
  • Liquor Licensing

Building Contracts

The key is to ensure that building contracts are well-prepared before work commences. Sound legal advice and representation from our experienced team of Building and Construction Lawyers from the very beginning can not only clarify legal responsibilities and obligations up-front, it can also reduce the time spent negotiating building disputes or misunderstandings throughout the course of the work.

We can help you with:

  • Contract administration including ensuring the contract is properly executed by the proper parties and issuing notices and variations that comply with the terms of the contract.
  • Insurance requirements;
  • Engaging and managing Quantity Surveyors; 
  • Engaging building consultants and other professionals including quantity surveyors.
  • Sub-contractor agreements
  • Claims under the Building and Construction Industry Security of Payment Act 1999
  • Mediation, arbitration and alternative dispute resolution with respect to building disputes and payments due under contract.

Building and Construction Industry Security of Payment Act 1999

When used correctly, the Security of Payments Act is a powerful tool for any construction professional to recover or dispute outstanding payment claims.

the Security of Payments Act create implied statutory rights that exist despite the terms of a Construction Contract. These rights relate to:

  • the right to recover payment of a progress claim through the Courts as an indisputable Statutory Debt where the other party fails to provide a Payment Schedule in time,
  • the prompt, cost effective and enforceable Determination of disputed Payment Claims by an independent Adjudicator
  • the Maximum Time Limits for Due Dates for payment of Progress Claims
  • the entitlement to Interest on overdue Progress Claims,
  • the bypassing of Head Contractors and obtaining of payments directly from a Principal Contractor or other Contractor next up the contracting ladder, and
  • the suspending of work without liability and despite the terms of a Construction Contract.

Our Building and Construction Lawyers can provide you with representation in both the Court of Adjudication process or simply provide advice and know-how so you can manage the process yourself.

Given our experience in these matters, we can provide competitive fixed fees so that there are no hidden surprises.  Contact us today for a free, initial no obligation consultation to discuss how we can help you with your matter.

Building Disputes

The reality is that some matters can’t be settled and are only finalised by a decision of the Court or Tribunal.

Common areas of litigation are:

  • Breach of Contract claims
  • Breach of Statutory Warranties and other claims under the Home Building Act 1989 and Regulations.
  • Claims pursuant to the Design and Building Practitioners Act and Regulations.
  • Misleading and Deceptive Conduct Claims under the Fair Trading Act (NSW)
  • Breach of consumer warranties under the Australian Consumer Law.

We can represent you in all jurisdictions in NSW including the NSW Civil and Administrative Tribunal, Local, District, Supreme Court and Court of Appeal. Our Building and Construction Lawyers have acted for clients in decisions which have been significant in the legal landscape and are well practiced in both the procedures of the Tribunal and Court, preparation of evidence and advocacy.

If your matter requires or as instructed by you, we have strong connections with Senior and Junior Barristers specialising in building and construction to call upon for one-off advice and appearances or to be briefed in your matter.

Given our experience in these matters, we can provide competitive fixed fees for each stage of the process so that there are no hidden surprises.  Contact us today for a free, initial no obligation consultation to discuss how we can help you with your matter.

Publications

Whether you are looking for advice or need assistance don’t hesitate to contact us on (02) 4288 0150 or send an email