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

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

Our Specialist Construction 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.

Building Disputes

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

  • Adjudication Applications under the Security of Payment laws,
  • Enforcing statutory rights to payment of Payment Claims,
  • Breach of Contract claims,
  • Defective workmanship and breach of statutory warranties,
  • Delay and liquidated damages claims,
  • Disputes in relation to Residential Building Contracts, and
  • Recovery of unpaid Progress Claims and Retention Sums.

Please note strict time stipulations are often 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 solutions we make it easy for Subcontractors to implement standard form Quotations and effective Terms & Conditions of Trade. Our TradeSafe Contract solutions 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.

Roberts Legal is well established amongst the top Building Dispute Lawyers Newcastle has to offer, servicing clients across the Newcastle, Hunter and Central Coast regions as wells as Sydney and broader NSW.

If you have a construction dispute and need legal assistance or would simply like the opinion of a specialist Building & Construction Lawyer in rrelation to your matter, call 1300 553 343 now for a free case evaluation.

Call now to speak to a Building & Construction Lawyer

Security of Payment Guide

NSW Security of Payment Guide

Don’t get caught out or miss the opportunity to use the Security of Payment Laws when you need them most. Strict time limits apply!

Enter your details below and we will email you our ‘Security of Payment Guide‘.

Need an answer fast?

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

How We Help

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

  • Security of Payment Act advice and compliance,
  • the resolution of a wide variation of Building Disputes,
  • the preparation and negotiation of Construction Contracts (including contracts for large projects and infrastructure – David Vs Goliath), and
  • the implementation and enforcement of standard form Contracts and Terms & Conditions of Trade (see our TradeSafe Contract packages).

Call now to speak to a Construction Lawyer

Security of Payment Guide

NSW Security of Payment Guide

Don’t get caught out or miss the opportunity to use the Security of Payment Laws when you need them most. Strict time limits apply!

Enter your details below and we will email you our ‘Security of Payment Guide‘.

Building & Construction Law
6/06/2017 by Amanda Crosbie

Common Misconceptions about Contracting in the Building & Construction Industry and what to do to avoid getting caught out.

When I ask clients whether a written contract was in place or whether variations had been documented, too often I receive the following response “no there was no contract, we just agreed to it” or “I didn’t think it was necessary it was a small job“. Firstly, it is an incorrect assumption that just because […]

Building & Construction Law
29/07/2016 by Felicity Donald

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 […]

Building & Construction Law
12/07/2016 by Amanda Crosbie

Consequences of failing to comply with the Home Building Act.

The Home Building Act 1989 (“the Act“) places obligations upon contractors who contract directly with home owners to undertake residential building work. We have summarised these obligations in further articles contained on our website. See Introduction – Contracting Requirements under the Home Building Act. Consequences of contravening the Act Pursuant to Section 10 of the […]

Building & Construction Law
20/10/2015 by Sam Roberts

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“). It applies to contracts for the carrying out of […]

Building & Construction Law
23/04/2014 by Sam Roberts

Why the SOP Act is so Significant

The Building & Construction Industry Security of Payment Act 1999 (NSW) is significant because it provides for the following consequences: Where a Subcontractor serves a Payment Claim (similar to a tax invoice) on a the other party and the other party does not provide a Payment Schedule (a response) within the relevant time, the other […]

Building & Construction Law
23/04/2014 by Sam Roberts

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 […]

Building & Construction Law
22/04/2014 by Sam Roberts

2014 Security of Payment Act Amendments – What’s New?

The Building and Construction Industry Security of Payment Amendment Act (NSW) 2013 (‘the Amendment Act‘) contains important amendments to the Building and Construction Industry Security of Payment Act (NSW) 1999 (‘the Act‘). The Amendment Act will apply to all Construction Contracts entered into from 21 April 2014. Summary of Key Amendments The key amendments are: […]

Building & Construction Law
14/03/2014 by Sam Roberts

Can You Prove Service of a Valid Payment Claim?

All rights under the Building & Construction Industry Security of Payment Act flow from this service of a valid Payment Claim. In NSW, without limitation, a Payment Claim pay be served by: Delivering it to the person personally, Lodging it during normal office hours at the persons ordinary place of business, Sending it by post […]

Building & Construction Law
3/05/2011 by Sam Roberts

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. However, it does not apply if you do work directly […]

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Success Stories

Medical Fit Out 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.

The client was a medical professional who had engaged a builder to complete a commercial fit out of his new premises. The builder’s form of contract was poor. In addition, the builder had made pre-contractual representations to the effect that it had significant experience, would take care of everything and that the client didn’t need to worry about anything.

Failure to document Contract Variations lead to suspension and termination dispute. Unlicenced builder defeats $370,000.00 damages claim for cost to complete. Judgement for builder with indemnity costs.

The client was a residential builder who had contracted to build a large residential premises for approximately $695,000. Shortly after the the works commenced the owner instructed the builder to perform a number of significant variation that meant that the cost of the works would increase by approximately $280,000.00.

First home buyers gets the better of builder involved in house and land package promotion. Misrepresentations and hand amendment to building contract lead to substantial cost saving.

The clients were looking at new house and land packages with the view to purchase for their own residence. They met with a selling agent for a project home builder who showed them a site within a new subdivision and provided a promotional brochure showing a split level home that they were told could be built on the site for a cost of $230,000.00. The vacant land was for sale by the project home builder for $160,000.00.

View all success stories

Testimonials

Tenacious approach that serves his clients well.

Sam and I have worked together on commercial disputes including those relating to the enforcement of contracts, breaches of contract, misleading and deceptive conduct, breaches of confidentiality and breaches of intellectual property rights. I have found Sam Roberts to be a competent and diligent legal practitioner with a tenacious approach that serves his clients well in legal disputation.”

Peter E Cullen, Barrister-at-Law, Sydney.


The quality of advice and results achieved have been greater than I originally expected.

“Sam Roberts has assisted our Company in relation to a range of issues relating to a large Property Development. The quality of advice and results achieved have been greater than I originally expected when our Company first made the move to Roberts Legal.”

TIA Properties Pty Limited


One of the biggest benefits of using Roberts Legal, as apposed to other firms, is that Sam and his staff are very contactable.

“Sam Roberts has assisted our Company in relation to a range of issues relating to a dispute…When I have a problem or need a legal answer it is important that I can get it quickly.  One of the biggest benefits of using Roberts Legal, as apposed to other firms, is that Sam and his staff are very contactable.


I commend Roberts Legal’s approach to encouraging people to get it right up front, rather than wait until there’s a problem. It’s a breath of fresh air.

“I really like Sam Roberts’ article on Security of Payments. Too many commentators focus on the dispute provisions rather than the excellent process that Sam alludes to in his article. We are delighted to see contract clauses that encourage complying Payment Claims, as opposed to the current trend for “look around the corner” avoidance tactics. I commend Roberts Legal’s approach to encouraging people to get it right up front, rather than wait until there’s a problem. It’s a breath of fresh air. We strongly encourage all businesses in the building industry to insist on using a complying process as a business-as-usual practice to protect their entitlements. To this end we have developed a unique software solution to facilitate the process.”

John Lowry, Director The Power Tool Pty Limited