Biography

Ned is a member of the Commercial Litigation Team and Building & Construction Law teams. He practices in commercial law, general litigation as well as company insolvency and restructuring matters.

Ned has specialist knowledge of the building and construction industry, having come to the legal profession after twenty years of working in the construction industry.

Ned’s experience in the construction industry ranges from residential housing in his early career, through to engineering and senior project management roles for some of Australia’s top tier contractors. Ned has project managed contracts for the construction of commercial and infrastructure projects with individual contract values exceeding $200 million.
Ned has also worked extensively in client side project management, where he routinely handled disputes concerning the quality, timeliness, compliance and value of works. He is an experienced building consultant, and has frequently appeared as an expert witness in building litigation matters.

Ned can offer expert advice on all building and construction law matters including contract and subcontract disputes, security of payment claims, contract drafting, amendment and advice, Development Applications and building certification matters, Home Building Compensation Fund claims, and construction industry employment, insurance and workplace safety matters.

Ned’s unique mix of legal skills and practical construction industry experience allow him a clear insight into the often very technical issues that are at the heart of many building disputes. His legal expertise and construction industry experience give him an edge that puts him at ease in any construction industry matter and ensures a sound and practical understanding of the technical issues at play.

Who Ned works with

Ned works with builders and civil works contractors, property developers and clients of residential and commercial builders, construction industry professionals, individuals and companies that have suffered loss or damage through the carelessness of others, business owners and insolvency practitioners.

 

Approach

Most often, I find that the Issues in commercial litigation will cross many academic disciplines. Good lawyers don’t just follow the herd, but must think outside of the square and draw on multidisciplinary skills to arrive at the best outcome for their clients.

I encourage my clients to be more proactive in their approach to business procedures so that they can minimise problems and waste less time and money on reactive remedies. I believe that an ounce of prevention is worth a pound of cure.

Qualifications

Ned holds bachelor degrees in both Law and Construction Management, as well as a Graduate Diploma in Legal Practice. He is a currently licensed builder, and also a Building Professionals Board Accredited Certifier.

Ned is admitted as a Solicitor of the Supreme Court of New South Wales and has been admitted to the High Court of Australia on 10 May 2018.

Interests

Ned enjoys sailing and winter snow sports, and is an ex player and avid follower of both rugby union and rugby league. He holds an unrestricted commercial pilots license, and enjoys recreational flying when he has the time. A dedicated father of three, he enjoys spending most weekends with his kids.

Memberships

Articles by Ned

Home Building Law
24/01/2018 by Ned Mortensen

When can I suspend work?

If you are a builder carrying out residential building work, there may be situations when you would like to suspend the building works.  Commonly this occurs when a home owner fails or refuses to pay a Progress Claim.  This can cause problems for a builder who, naturally, may be reluctant to continue carrying our the […]

Home Building Law
24/01/2018 by Ned Mortensen

What should I do if the home owners are disputing a Progress Claim?

As a residential builder, obtaining payment from home owners can sometimes be a source of concern.  Of, course, prompt payments can be assisted by issuing Progress Claims when you are entitled to do so and having good communication withe home owners and processes in place to ensure Progress Claims are paid on time.  Needless to […]

Home Building Law
21/01/2018 by Ned Mortensen

How to resolve disputes about residential building contracts.

Disputes as to the timeliness, quality, value and compliance of works in residential building contracts are all too frequent. Commonly, relatively simple disputes get out of hand quickly as emotions run high and parties seek to “hit the other where it hurts”. Home owners refuse to pay and builders refuse to build. If you’re a […]

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Testimonials

Ned speaks and understands the language of our industry.

Ned speaks and understands the language of our industry.”


Ned handled our matter as if it was his own.

 “Ned handled our matter as if it was his own. His prompt assistance and excellent advice were very much appreciated.”


Ned always places his client’s best interests first.

 “Ned always places his client’s best interests first. His focus on developing long term relationships, coupled with his industry and business experience, delivers great results for his clients.”