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Building & Construction

Service of Payment Claims by Email

CAN it be done? SHOULD it be done? With the increasing use of emails for communications, it is becoming commonplace for businesses to send tax invoices to clients via email for payment. If the tax invoice relates to work performed under a construction contract, your business may have rights to prompt payment under the Building and Con...

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High Court settles argument about when a Payment Claim can be validly issued

In a decision of great relevance to members of the building and construction industry, the High Court has provided some certainty in relation to when a valid Payment Claim may be issued under a construction contract and put to rest a debate that has gone on for some time in light of various legislative amendments and Judgments of lower Courts...

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Court of Appeal Limits Scope of Potential Challenges to Security of Payment Adjudications

In Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) [2016] NSWCA 379 (23 December 2016), the NSW Court of Appeal unanimously held that the decision of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) ("the Act") is not subject to judicial review other than in cas...

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Commercial & Retail Fitouts. How you could find yourself out of business before you even begin.

The tips in this article are intended for business owners planning to fit out commercial or retail premises and Landlords of premises leased to such businesses. Briefly, the relevance for the Landlord is simply that: 1. if their Tenant gets caught out they may become insolvent and unable to pay rent before the Lease even begins, or ...

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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.

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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".



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


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