BUILDEVELOP LEGAL
(02) 8957 2566
DEVELOPERS AVOID CONSTRUCTION and BUILDING CONTRACT DISPUTES
CONSTRUCTION LAWYERS PROVIDING DEFENSIVE LEGAL ADVICE FOCUSED ON THE SUCCESS OF YOUR PROJECT
Let's have a chat about your contract. We don't charge for our first meeting whilst we learn about your project.
Developers, leave the contract to us!
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.
DEVELOPER SERVICES
Defensive legal advice for developers entering, running and disputing development project building contracts
Entering Contracts
A developer of residential building work, as defined in the NSW Home Building Act 1989, may be required to hold a licence under the category 'builder' and may become subject to the Act as a 'spec' builder - See Developers.
Developers may be structured as an individual, partnership, corporation or joint venture. The developer may be the owner of the land upon which a building is to be constructed. The developer may be a trustee.
The mortgage and other documents required by lenders funding construction often require developers and builders to enter into tripartite and project management agreements. These may require special conditions to be agreed in building contracts.
Our construction lawyers advise developers on their obligations, structuring and documents required to undertake a project.
Running Contracts
Multi unit and commercial building contracts require the developer land owner / proprietor to run the contract. A third party may be appointed to supervise the building contract.
The obligations of the developer must be exercised in a reasonable and timely manner when assessing contract claims for progress payments, variations, extensions of time, when adjusting prime costs and provisional sums and whether to accept a suspension of work, a notice of dispute or the achievement of practical completion. The progress of the works must be monitored closely to avoid defects and to claim liquidated damages.
Further, the developer needs to be alert to the time constraints to respond to a Payment Claim received under the NSW Building and Construction Security of Payment Act 1999,
We advise developers as specific issues arise or upon a continuing basis during the build.
Dispute Resolution
Disputes with your builder during construction increase holding costs and jeopordise development margins.
The dispute resolution procedures in contracts should be pursued.
Fair Trading NSW provides a dispute resolution service in relation to residential building work which attempts to mediate an outcome suitable to everyone.
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 developers to follow the dispute resolution procedures in their contract, to request the assistance of Fair Trading, and to bring or defend a claim through NCAT or in the courts.
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.
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
