BUILDEVELOP LEGAL
(02) 8957 2566
BUILDERS: AVOID BUILDING and CONSTRUCTION CONTRACT DISPUTES
CONSTRUCTION LAWYERS PROVIDING DEFENSIVE LEGAL ADVICE FOCUSED ON THE SUCCESS OF YOUR PROJECT
Let's have a chat about your contracts. We don't charge for our first meeting whilst we learn about your business.
Build! - leave the contract to us
BUILDER SERVICES
Defensive legal advice for builders entering, running and disputing multi-unit and commercial / industrial building contracts
Entering Contracts
The NSW Home Building Act 1989 regulates builders and trades by requiring them to be licensed to do residential building and other work. It also mandates the disclosures and terms which must be included in home building contracts.
Developers of commercial and industrial projects establish purpose formed structured entities to contract with builders. They will seek terms favourable to them and to their financiers. Amendments may be sought to restrict the builders rights to exercise the time, claim and dispute procedures in standard form contracts. Third parties may be appointed to supervise the contract on behalf of the developer.
Our construction lawyers advise builders as to the terms terms of their contracts, assisting them to assess their risk before committing to undertake a project.
Running Contracts
Builders should document, document and further document the administration of their commercial and industrial contracts. Robust contract administration is required by the builder.
Claims for progress payments, variations, EOT's, and prime cost and provisional sum adjustments should be made in a timely manner and be supported by documents. Notices of suspension, dispute or practical completion should be correctly served and be made in conformity with the procedures in the contract.
Payment Claims and adjudication can be sought under the NSW Building and Construction Security of Payment Act 1999 (SOP Act) should be pursued.
We advise builders as specific issues arise or upon a continuing basis during the build.
Dispute Resolution
Cash flow is the life blood of a builder. The cost, time and effort of prosecuting a home owner or developer is detrimental to the day to day running of a construction business and could be fatal to its survival.
The dispute resolution procedures in contracts should be pursued. Protection from contract cancellation and liquidated damages should be sought under the provisions of the SOP Act.
Unresolved disputes can be escalated to the NSW Civil and Administrative Tribunal (NCAT) or through the Local, District and Supreme Courts depending on the nature and value of the claims in dispute.
Our construction lawyers assist builders to follow the dispute resolution procedures in their contract, to engage the protection of the SOP Act, and to bring or defend a claim through NCAT or in the courts.
OUR TEAM
Rodney Freeman
Barrister
We are lawyers who have worked on building sites from a young age.
Since then, we've managed residential builders, developers, construction contracts and subcontracts.
We've acted on building disputes from arbitration, mediation and security for payments to tribunals and courts.
With our specialist consultants who have decades of experience, we can address all potential issues throughout the land acquisition, approval and build process.
AVOID BUILDING CONTRACT DISPUTES
"HEALTH CHECK" YOUR CONTRACT
Complete in 8 minutes!
Our unique FREE interactive building contract health check asks you just over 20 questions.
Let's assess your time and money management together with your administration to score the health of your building contract.
We only ask about common contract terms, not the party names or the address of the project.
Your health check is emailed to you after you submit your answers.
GET MY DOWNLOAD
what you MUST know about your building contract
WE ARE ON YOUR SIDE
We can review and give you guidance on what should or should not be done on your residential / commercial construction project or development project on a fixed fee (task) basis.
We can advise on your project's management / administration upon a monthly subscription basis.
Our aim is to prevent defect, money and time claims contested by adjudication or litigation - if they arise, we offer negotiated staged task based fees for our work.
BuilDevelop Legal
Suite C
34 Suakin Drive
Mosman NSW 2088
Australia
(02) 8957 2566
Email: legal@buildevelop.com
