Building & Construction

Navigating the complexities of the construction industry

The building and construction industry can be high-risk and fraught with complexity. Building legislation is constantly evolving and, to stay competitive and compliant, construction professionals must be familiar with a range of laws, regulations, new codes, and product standards.

Common issues in building and construction

Many building issues, whether commercial or domestic, arise from poorly drafted building contracts or consultancy agreements, or problems associated with contract administration or project delivery.

Minimising building disputes

Building disputes can be minimised through carefully drafted building contracts and service agreements that:

• Clearly define the scope of works
• Set out the parties’ rights and responsibilities
• Allocate risk appropriately
• Outline processes to address unforeseen events, such as inclement weather or material shortages

Resolving disputes effectively

A disagreement can soon escalate into a major building dispute resulting in delays, frustration, and financial loss. Should a dispute arise, it is important to be clear about your legal position and work towards the most viable resolution possible.

Alternative dispute resolution

Many disputes can be resolved using alternative forms of dispute resolution, such as mediation. This process involves a neutral person assisting the parties to reach a resolution. Mediation is often a cost-effective alternative to litigation, even for complex and technical disputes.

Domestic building disputes

Domestic building disputes typically concern:

• Incomplete or defective works
• Variations to the scope of works
• Prime cost and provisional sum adjustments
• Delays and payment claims

Payment disputes under security of payments legislation

Payment disputes between principal builders and subcontractors are governed by security of payments legislation across various states. These laws aim to resolve payment claims for construction work in a timely and cost-effective manner. As this legislation undergoes major reform, it is essential to understand its impact and adapt systems accordingly.

Joint ventures in property development

If you are contemplating a joint venture to develop property, whether as a property owner, consultant, or developer, it is crucial to understand the legal nature of the undertaking and the parties’ respective rights and responsibilities.

A building development agreement should:

• Define the project’s scope and purpose
• Outline the performance obligations of the parties
• Allocate risk appropriately

How we can help

Our construction team can help explain your rights and options in all building and construction matters. We recognise recurring issues and themes that can lead to costly mistakes and disputes. We regularly advise and assist builders, subcontractors, homeowners, strata managers, and community associations.

Focused on delivering results

Our focus is on delivering timely and cost-effective results whilst maintaining and protecting your rights and, wherever possible, preserving relationships between parties to ensure optimum project delivery.