Award-Winning Building & Construction Lawyers In Sydney
In the realm of Building and Construction Law, our team is your expert guide through every legal challenge. With a deep understanding of construction-related litigations and disputes, our Building and Construction Lawyers provide solutions, ensuring your projects are not just compliant, but also positioned for success. Trust us to construct a legal framework that supports and protects your endeavours in the construction industry.
Melissa Care
Senior Associate
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Navigating Building Contracts and Construction Disputes
The building and construction industry is dominated by building contracts, scope of works, reports, drawings, and agreements. Both domestically and commercially, building and construction disputes are common and can range from poor workmanship claims to non-payment for services provided, increased contract charges, and, at times, complete abandonment of works. Given the highly legislated and regulated nature of the industry, navigating the law as a contractor, subcontractor, developer, owner-builder, or customer can be a complex task. A Building and Construction Lawyer can provide invaluable guidance and representation to ensure that your rights and obligations are clearly understood and upheld throughout any dispute.
Common Parties Involved in Building and Construction Disputes
- Contractors against principals/developers
- Contractors against owner-builders
- Subcontractors against contractors
- Suppliers against clients
- Plant and equipment hirers against clients
- Consultants against clients
- Clients/customers against builders
When a building and construction dispute arises, we recommend engaging a qualified and experienced Building and Construction Lawyer as early as possible. An early engagement can result in an earlier resolution, which in turn can result in saved costs and time. Coutts’ dispute resolution team has extensive experience in advising and representing clients on both sides of building and construction transactions. As touched on above, navigating the highly regulated and legislated building and construction industry can be a daunting and difficult task.
Coutts has the expertise to help Homeowners, Builders, Suppliers and Subcontractors when it comes to building and construction law. Our role is to ensure that there is compliance with contractual obligations and statutory warranty protections.
For Homeowners, Our Building and Construction Legal Team Can Provide Assistance With
- Pre-Contract Support – Reviewing building contracts before you commit.
- Contract Compliance – Ensuring adherence to building contract terms and conditions.
- Quality Assurance – Engaging with experts to maintain building standards and tolerances.
- Managing Delays – Handling and resolving delay claims effectively.
- Progress Payment Disputes – Assisting homeowners with disputes related to progress claims.
- Contract Termination – Advising on claims related to the repudiation of contracts.
- Dispute Resolution – Guiding homeowners through the building contract dispute resolution process.
- Legal Representation – Representing homeowners in Courts and Tribunals when needed.
For Builders, Our Building and Construction Legal Team Offers Comprehensive Support, Including
- Contract Drafting – Creating clear and comprehensive building contracts.
- Special Terms and Conditions – Drafting specialised contract terms as needed.
- Delay Claim Advice – Providing guidance on valid delay claims.
- Progress Payment Disputes – Assisting builders from initial claims to adjudication under the Security of Payment Act.
- Contract Termination – Advising builders on claims related to contract repudiation.
- Dispute Resolution – Supporting builders through the building contract dispute resolution process.
- Legal Representation – Representing builders in Courts and Tribunals when resolution is not reached.
Step 1: Initial Contact
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts Building & Construction Lawyer to discuss the specifics of your matter and desired outcomes.
Step 3: Information & Legal Advice
Share all related documents and information. Your Building & Construction Lawyer will review everything, clarify aspects as needed, and then advise on the best action course.
Step 4: Action Plan Development
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Step 5: Implementation
Execute the action plan, addressing a range of legal scenarios as necessary.
Step 6: Resolution & Closure
Navigate towards a resolution, with the path determined by the nature of the matter. Your Building & Construction Lawyer will outline any final actions or considerations.
Book Your Building & Construction Dispute Consultation Now
Introducing Melissa
Your Experienced Lawyer
Meet Melissa, a Senior Associate at Coutts Lawyers & Conveyancers, and the head of our esteemed Litigation & Dispute Resolution teams. With more than a decade under her belt, Melissa is renowned for her clarity in communication, ensuring clients comprehend every aspect. Her confident and efficient problem-solving approach, coupled with cost-effectiveness, marks her as a top authority in Litigation & Dispute Resolution.
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Construction Litigation & Dispute Resolution FAQ’s
A general contractor is responsible for overseeing and coordinating all aspects of a construction project. Choosing the right one involves considering their experience, reputation, qualifications, and ensuring they are licensed and insured. Requesting references and obtaining multiple quotes is also advisable.
The specific permits and approvals required depend on the nature and location of your project. To obtain them, you typically need to submit an application to the local building department. It’s essential to research the local regulations and work closely with local authorities to ensure compliance.
Making a decision to build a new home or renovate an existing home can be an exciting but daunting time for many. It is essential that prior to entering into a Building Contract a Homeowner takes steps to ensure that all matters are in check before signing any formal agreement. The five steps are as follows:
- Check the credentials of the builder you are looking to hire
- Make sure that there is a written building contract in place
- Make sure that home building compensation fund insurance is obtained and a certificate is provided
- Reference check and verify
- Have your documents in order to minimise the risk of hidden or increased costs
A construction contract outlines the terms, conditions, scope of work, payment terms, timelines, and responsibilities for all parties involved. Having a well-drafted contract is crucial for defining expectations, avoiding disputes, and protecting the interests of all parties.
Once a building company is in external administration or wound up; or once a builder is insolvent and bankrupt, they are no longer able to carry out the balance of the building contracts they still have on foot. This gives rise to a breach of the contract by the Builder/Building Company and makes them liable to a Homeowner for their repudiatory conduct. In the event a Builder/Building Company cannot rectify the defaults then it is likely that the building contract will be terminated.
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