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Building & Construction

Security of Payments: Dates, Deadlines & Traps

  The Building & Construction Industry Security of Payment Act 1999 (NSW) ("the Act") is unlike any other law in the country (apart from its interstate equivalents).  The purpose of the Act is to improve cash flow for contractors, suppliers and professionals in the building industry ("contractors"). ...

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New to Security of Payment Laws

The Building and Construction Industry Security of Payment Act 1999 (NSW) applies to almost everyone who works in the building and construction industry or who supplies related goods or services. This includes quantity surveyors, planning consultants, project managers, engineers, carpenters, electricians, painters, pest inspectors etc. Howeve...

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How to Serve Valid Payment Claims

As a result of the severe consequences of failing to provide a Payment Schedule in response to a valid Payment Claim a lot of the case law that has developed in relation to the Building & Construction Industry Security of Payment Act relates to when a Payment Claim is valid. This is because there can be no Defence to a valid Payment Claim...

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Introduction: Contracting Requirements under the Home Building Act

Among other things, the Home Building Act 1989 (NSW) ("the Act") regulates the contracting requirements for any person making a contract to undertake 'residential building work'. Importantly, these requirements apply equally to any contract variations. The contracting requirements set out below apply to contracts entered...

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Building & Construction Law

 
   

Get the edge over the other parties you are contracting with.

Our Specialist Lawyers will help you make better 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 Lawyer as soon as it appears likely that a dispute will arise.

Need an Answer Fast?

For a no obligation phone evaluation by an Accredited Specialist in Commercial Litigation (Building & Construction)

Call now - 02 4952 3901

 

How We Help

 

 

 

 

 

 

 

 

 

Our Building & Construction Team is headed by an Accredited Specialist in Commercial Litigation and author of our popular Security of Payment Guide.

Our Building & Construction Lawyers have extensive experience advising and assisting Subcontractors, Head Contractors, Developers and Home Owners with:

 

 

Building Disputes

 

 

 

We regularly advise clients and act in relation to Building Disputes including:

  • Breach of Contract claims,
  • Defective workmanship and breach of statutory warranties,
  • Delay and liquidated damages claims,
  • Recovery of unpaid Progress Claims and Retention Sums.

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.

 

 

Construction Contracts

 

 

 

 

 

 

The absence of a proper or complying building contract for Builders and Subcontractors can have serious adverse consequences on their ability to recover payment for works performed or costs associated with enforcing their rights.

We help clients understand and make effective Construction Contracts whatever the value of the project. For advice about a Construction Contract that you have been provided by another party call and speak to one of our Building & Construction Lawyers.

With our TradeSafe Contract packages we make it easy for Subcontractors to implement standard form Quotations and effective Terms & Conditions of Trade. Our TradeSafe Contract packages come with our Satisfaction Guarantee and will enable your business to:

  • Obtain security for payment of Progress Claims,
  • Avoid or reduce costs associated with disputes in connection with ambiguous or oral agreements,
  • Limit liability,
  • Recover legal costs associated with enforcement action, and
  • Enable your business to more easily serve valid Payment Claims under the Building and Construction Industry Security of Payment Act.

 

TradeSafe Contracts - Documentation Overview & Samples

     

Success Stories

 

"Bridge supplier avoids litigation and recovers 87.5% using the Building & Construction Industry Security of Payment Act within 14 days".

"Medical Fit our claim under Security of Payment Law and major defects litigation avoided. Injunction and Supreme Court Declaration that no 'reference date' meant Adjudication Determination was void".

"Project Manager bully gets a taste of his own medicine. Contract limiting time for Payment Schedule leads to Summary Judgment for $195,000 in the face of a back charges claim for over $450,000".

Read more...

     

Building & Construction Lawyers

 

Sam Roberts

Accredited Specialist (Commercial Litigation)

Matthew Bryan

Special Counsel

 

Felicity Donald

Senior Associate Solicitor

   Amanda Crosbie

   Associate Solicitor

 
     
 

 

Call now to speak to a Construction Lawyer

02 4952 3901

 

CONTACT US ON 02 4952 3901

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