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Steve and Julianna
"Thanks Sam, Bryce and Julie for excellent service in recent months - estate matters, property transfers and resolution of debt disputes. Your services have been prompt, efficient, professional and considerate of our needs. But most of all, thanks for getting the results we sought. P.S. We think that Julie deserves a special mention for the property transfer. Patience and attention to detail got it over the line!" 
Building & Construction Law
We have extensive experience in dealing with the Building and Construction Industry Security of Payment Act 1999. If you work in the building and construction industry and are not fully aware of the major benefits and serious potential consequences of this legislation for your business (see below) do yourself a favour and call us today to find out more or to request a free Payment Claim Validity Report for your business. Guide to the Security of Payment ActBuilding DisputesWe can assist you with any type of building dispute including:
Often strict time stipulations are contained in building contracts or apply where the Building and Construction Industry Security of Payment Act applies to the work. With most building disputes it is important to seek advice from an experienced building and construction lawyer as soon as it becomes apparent that a building dispute has arisen. For new home owners, this usually means before you take possession of your new home. Construction ContractsThe absence of a proper or complying building contract for builders and sub-contractors can have serious adverse consequences on their ability to recover payment for works performed or costs associated with enforcing their rights. Standard form Quotation and Contract Terms & Conditions are effective and easy to implement for your business. We can help you implement effective quoting and contracting procedures and prepare Standard form Quotations and Contract Terms & Conditions that will enable your business to:
Not sure where your Contracts are lacking? For a fixed fee we will review your current standard form Quotation and Contract Terms & Conditions and provide you with a written advice. Click here to ask for one of our Building & Construction Lawyers to contact you today. Home Building ActThe Home Building Act implies a number of conditions and warranties into any contract for residential building work. The Act also provides that a contract to which the Act applies must be; in writing, contain prescribed information and particulars and be signed and dated by the parties to it. Significantly, the Home Building Act provides that where a contract for residential building work is not in writing or does not have a sufficient description of the work the builder is not entitled to damages or to enforce any other remedy in respect of a breach of the contract. Similarly, where Home Warranty Insurance is required a builder is not entitled to demand or receive payment of any money or carry out residential building work unless a policy of Home Warranty Insurance is in place and a copy of a Certificate of Currency in respect of that insurance has been provided to the home owner. The Home Building Act also makes it an offence for a tradesperson to do any of the following work without a Contractor Licence:
Where a Contractor Licence is required but not held the builder or tradesperson is not entitled to damages or to enforce any other remedy in respect of a breach of the Contract. Download Consumer Building Guide (NSW Fair Trading) Building and Construction Industry Security of Payment ActWhy is the Act significant?The Act is significant because it provides for the following consequences:
A Court will enter Summary Judgment when it is satisfied that there can be no Defence to a claim. This means that Judgment can be obtained relatively quickly and without the need for a hearing on the facts. Significant costs and delays can, therefore, be avoided if Contractors can rely on the Act to enforce unpaid Payment Claims. Obtain a free Guide to the Security of Payment Act. How to comply with the ActAs a result of the severe consequences of failing to provide a Payment Schedule in response to a valid Payment Claim the case law that has developed in relation to the Act primarily relates to when a Payment Claim is valid. This is because there can be no Defence to a valid Payment Claim unless a Payment Schedule was provided. Complying with the Act so as to serve valid Payment Claims can be difficult unless you know what you are doing and have an appropriate written contract in place. If you are a builder or subcontractor and want to serve valid Payment Claims you should:
Roberts Legal can prepare appropriate Standard Quotations and Contract Terms & Conditions for construction contracts to suit your business and advise you how to serve valid Payment Claims. We can also assist you to recover outstanding Payment Claims or have a dispute in relation to a Payment Claim determined by an Adjudicator. Ask us a Building & Construction Law QuestionIf the information that you are seeking is not above please feel free to ask us a Building & Construction Law question. We will gladly provide you with our considered response.
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Roberts Legal Solicitors act for builders, developers and sub-contractors of both residential and commercial properties as well as individual home owners. We can assist you in relation to both building disputes and construction contracts.