Building & 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.
- Building & Construction Contracts: Contracts are essential in defining the terms and expectations of a construction project. Our team assists in drafting, reviewing, and negotiating contracts to ensure clarity and protect your interests.
- Know Your Insurance Requirements: Understanding insurance needs can safeguard you against unforeseen risks. We help you identify necessary insurance policies, ensuring compliance and comprehensive coverage for your construction project.
- Recover or Dispute Outstanding Payment Claims: Payment disputes can stall projects and cause financial strain. We provide expert legal support to recover owed payments or resolve disputes, keeping your project on track.
- Sub-contractor Agreements: Clear agreements with sub-contractors prevent misunderstandings and disputes. We draft and review sub-contractor agreements to ensure all parties understand their roles and responsibilities.
- Building Disputes: Disputes in construction can be complex and disruptive. Our experienced lawyers help mediate and resolve building disputes, aiming for efficient and fair outcomes.
Builders' Lawyer
Do you need a lawyer for your construction project?
- Contract drafting and review
- Negotiation support
- Legal advice on compliance and regulations
- Representation in disputes and litigation
- Assistance with licensing and permits
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.
Expert Legal Advice and Representation in Construction Matters
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.
Given our experience in these matters, we can provide you with guidance and support throughout your matter or dispute along with delivering expert advice and representation in legal proceedings.
What does a builder's lawyer do?
A builder’s lawyer provides legal support in drafting and reviewing contracts, ensuring compliance with regulations, and representing builders in disputes and litigation.
When should I consult a builder's lawyer?
It’s advisable to consult a builder’s lawyer at the start of a project, during contract negotiations, and whenever legal issues or disputes arise.
Can a builder's lawyer help with permit issues?
Yes, a builder’s lawyer can assist with obtaining the necessary permits and ensuring compliance with local regulations.
Building Contracts
Do you need a lawyer to prepare your building contract?
- Custom contract creation
- Review of existing contracts
- Advice on contract terms and conditions
- Assistance with amendments and variations
- Dispute resolution
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 cannot 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 building work.
Properly Executed Building and Construction Contracts
We can help you with:
- Contract administration including ensuring the contract is properly executed by the correct 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; and
- Mediation, arbitration and alternative dispute resolution with respect to building disputes and payments due under contract.
Why are building contracts important?
Building contracts define the terms and conditions of a construction project, ensuring clarity and protecting the interests of all parties involved.
What should be included in a building contract?
A building contract should include project scope, timelines, payment terms, responsibilities, and procedures for resolving disputes.
Can I make changes to a building contract once it's signed?
Yes, changes can be made through amendments and variations, but both parties must agree to the modifications.
Security of Payments Act
Do you need to recover or dispute outstanding payment claims?
- Guidance on payment claim procedures
- Assistance with lodging payment claims
- Support in adjudication processes
- Legal representation in disputes
- Advice on rights and obligations
The Security of Payments Act is a powerful tool for any construction professional to recover or dispute outstanding payment claims.
Legal Representation in your Building and Construction Matters
The Security of Payments Act creates 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.
What is the Security of Payments Act?
The Security of Payments Act is legislation that ensures timely payments to contractors, subcontractors, and suppliers in the construction industry.
How can I make a payment claim under the Act?
You can lodge a payment claim by providing a written notice to the party responsible for payment, outlining the amount due and the work completed.
What if my payment claim is disputed?
If a payment claim is disputed, you can seek adjudication, where an independent adjudicator will review the claim and make a determination.
Building Disputes
Do you need a lawyer to resolve a building dispute?
- Mediation and negotiation services
- Legal representation in court
- Advice on dispute resolution options
- Assistance with insurance claims
- Support in resolving contractual issues
The reality is that some matters cannot be settled and are only finalised by a decision of the Court or Tribunal.
Legal Representation in all Jurisdictions in NSW
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); and
- 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 a Barrister, 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.
What types of building disputes can arise?
Common building disputes include payment issues, contract breaches, defective work, delays, and disagreements over project scope.
How can building disputes be resolved?
Building disputes can be resolved through mediation, negotiation, adjudication, or legal action, depending on the nature of the dispute.
Do I need a lawyer for building disputes?
While not always necessary, having a lawyer can help navigate complex legal issues, represent your interests, and achieve a favorable outcome.
Legal Expertise
Proceed with confidence.
PDC Law is a specialist commercial, property and dispute resolution law firm. Our lawyers have a combined experience of over 40 years.
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- The Building and Construction Industry (Security of Payment) Act 1999 – what you need to know, Rectification or damages – section 48MA of the Home Building Act 1989, Post-Construction Defects: A Guide for Homeowners and Builders"}" data-page="1" data-max-pages="1">
