Whether you are the principal in a large mining, civil or infrastructure project or a domestic subcontractor, your business is guaranteed to be at risk in at least four areas: payment, timing, quality, and scope.
Our experienced team of construction lawyers will help you identify, manage and minimise your risks from tender, to contract negotiation to final payment.
Whatever the size of the project or your place in the contractual chain, our Building & Construction lawyers will find and implement strategies to improve your bottom line.
How our lawyers assist the civil & construction industry
- Strategic contract negotiation.
- Adjudicating construction payment disputes.
- Meeting time-barred obligations: delay notification, extension of time claims, contract price variations, prolongation cost claims.
- Strategic advice on tendering.
- Securities advice and negation including retentions, bank guarantees, performance bonds, statutory trusts and project bank accounts.
- Creating, identifying, registering and enforcing security interests under the Personal Property Securities Act 2009.
- Protecting plant and equipment from seizure by liquidators under the Personal Property Securities Act 2009.
- Advice and representation on warranty/defect liability, negligence and misrepresentation claims.
- Legal and strategic advice at demobilisation points: including termination, suspension and idle time.
- Advice and representation in relation to claims for delayed delivery or progress of works (including liquidated damages and engagement of expert delay analysts).
- Compliance advice and managing disputes relating to the Home Building Contracts Act 1991, Building Act 2011 and related regulations (including State Administrative Tribunal proceedings).
- Insolvency and debt recovery advice and representation.
- Advice and representation in courts, tribunals, arbitrations and mediations (including advocacy in trials and appeals).
Contact Our Construction Dispute Lawyers
If you do find yourself involved in a construction dispute, contact our Construction Dispute Lawyers who have the experience to help you achieve a quick and effective outcome across all forms of dispute resolution, including trial advocacy and representation in all State and Commonwealth Courts and Tribunals.
- Negotiated and drafted complex, bespoke construction, civil, engineering and consultancy contracts for principals, local government, head contractors, subcontractors and construction professionals.
- Advised other law firms in Australia and overseas as well as an overseas court on highly technical and complex matters of construction law, contract law and the Personal Property Securities Act.
- Successfully made and resisted many rapid pay dispute adjudication applications under the Construction Contracts Act, including a claim against Pindan exceeding $2,000,000 plus interest, for an earthmoving contractor.
- Recovered about $2,500,000 in unpaid progress payments for subcontracted works on Elizabeth Quay within a budget of $40,000, without expensive litigation, despite complex engineering evidence.
- Assisted a local authority to succeed in a dispute with a contractor regarding the construction of a large scale sport and recreation centre.
- Successfully defended a Local Government against an appeal to the State Administrative Approval by a developer seeking approval for works considered disruptive to local amenity and hazardous to pupils of a nearby school.
- Successfully protected contractors’ plant and equipment from seizure by liquidators of insolvent principals under the Personal Property Securities Act.