Building & Construction Law
Building and construction lawyers should be experienced in, and understand, building contracts, the relevant legislation and the relevant venue for hearing of a dispute. They should assist you with and have the resources to mediate and/or conciliate, any dispute before taking the matter to a Court or Tribunal.
General info
Our team, led by Mercedes Castrikum and Craig Adams provide advice to owners, builders, tradespersons and building professionals with all matters in the building and construction industry in both NSW and QLD relating to:
- Residential building issues.
- Commercial Building issues.
- Building Contract negotiations and amendments.
- Australian Standard, QBCC, NSW MBA, NSW HIA and bespoke Contracts.
- Compliance with the National Construction Code.
- Home Building Act advice and compliance.
- Development due diligence including planning, budgeting and programming.
- Insurance claims and disputes.
- Applications to local Councils.
- Security of Payment claims and responding to claims.
- Disputes arising under Building Contracts in the Court and Tribunal systems.
- Debt Recovery.
Building Disputes
Building and construction disputes are mostly disputes involving the written terms of a contract (which is often varied during the course of a project), but sometimes involve claims for work done and not paid for – known as unjust enrichment or a claim in quantum meruit.
The best time to see us is before you sign the contract because building and construction disputes can be stressful, antagonist and involve a great deal of money and personal investment.
We can assist you with finding a resolution, which may involve:
- lodging a complaint with the regulator.
- notifying the insurer.
- triggering contractual mechanisms to deal with defects.
- commencing proceedings for unresolved defects, whether using rights under the contract, the statutory warranties under the Home Building Act or the duty of care under the Design and Building Practitioners Act.
We partner with CA Construction Management to provide our clients with a solid legal and practical framework on which to resolve your dispute or build a successful outcome for your project.