Building Disputes

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Our Building & Construction Team is headed by Legally Qualified and Accredited Technical Specialists in Commercial Litigation, Arbitration and Mediation.

With most building disputes it is important to seek advice from an experienced Building & Construction Expert as soon as it appears likely that a dispute will arise

Our LQPs and Accredited Specialists will help you utilise improved contracts, utilise Security of Payment laws, avoid foreseeable problems and resolve disputes cost-effectively.

With most building disputes it is important to seek advice from an experienced Building & Construction Practitioners as soon as it appears likely that a dispute will arise. Avoid or reduce costs associated with disputes in connection with ambiguous or oral agreements.

Building Disputes

Main Activities:Advising you on making a claim against a contractor, developer, sub-contractor, supplier or other business by:

• Helping you resolve construction disputes through negotiation and alternative dispute resolution so that you minimize time and cost and can get on with business.
• Representing you in NSW Civil and Administrative Tribunal (NCAT) and other courts and tribunals so that you have the best chance of success.
• Drafting and negotiating construction contracts that protect your interests and help you avoid disputes.
• Advising you on ‘security of payment’ laws regulated by the Building and Construction Industry Security of Payment Act 1999 (the Act) so that you reduce risk.
• Helping you enforce or defend ‘security of payment’ claims.
• Showing you how to administer contracts in a way that reduces risk and avoids disputes.

We act for small businesses and private companies including developers, main contractors, principals, sub-contractors, suppliers and construction insurers and specialise in:

• Time-related claims (prolongation, disruption, acceleration and liquidated damages), Variations, Defective work claims
• Preparation of payment claims and schedules and adjudication applications and responses pursuant to the Act
• Helping you draft tender documents and other project procurement documents that are easy to understand, protect your interests and achieve your aims.

Main Activities: We can also assist with notifications and claims on insurance under the Home Building Compensation Fund (HBCF) which provides a safety net for home owners in NSW faced with incomplete and defective building work carried out by a builder or tradesperson.

Main Activities: Technically based support services for pleading preparation, participation in discovery of documents and assistance at hearings. Advice on arbitrator’s appointment procedure, terms of reference, technical assistance at preliminary meetings and during interlocutory stages.

Main Activities: Providing expert testimony including the preparation of reports and providing oral evidence on matters of fact and quantum in Court and/or arbitration proceeding in accordance with solicitors instructions.