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.

Building contracts
Know your insurance requirements
Recover or dispute outstanding payment claims
Sub-contractor agreements
Building disputes

Are you seeking advice on Building and Construction?
PDC Law lawyers can assist. Request a call back here:

PDC Law will organise a confidential discussion via phone or email within 48 business hours of receiving your enquiry.

Builders' Lawyer

Do you need a lawyer for your construction project?

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

Expert Legal Advice and Representation in Construction Matters

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.

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.

Building Contracts

Do you need a lawyer to prepare your building contract?

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The key is to ensure that building contracts are well-prepared before work commences.

Properly Executed Building and Construction Contracts

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.

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.

Security of Payments Act

Do you need to recover or dispute outstanding payment claims?

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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.

Building Disputes

Do you need a lawyer to resolve a building dispute?

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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.

Legal Expertise