Building and Construction

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.

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.

Contact us today for a free, initial no obligation consultation to discuss how we can help you with your matter.

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.

Contact us today for a free, initial no obligation consultation to discuss how we can help you with your matter.