Building & Construction
Building disputes, read by someone who has inspected the work
Contracts, defects, payment claims and terminations, for home owners, builders, developers and trades. Led by a lawyer who worked as a building surveyor and building inspector before he practised law, so the paperwork and the building get read together.
What we do
Building and construction, by problem
Most building matters come to us as one of five problems: a contract about to be signed, work that is defective or unfinished, a payment that is disputed, a contract one side wants to end, or a trading relationship between a builder and the people who work for it. We deal with each on its own terms, and we start by looking at the building, not just the file.
Before you sign
The building contract, checked
Standard-form and bespoke contracts reviewed before you commit, with the special conditions that protect you.
Defects
When the work is not right
Defective or incomplete work assessed on site and on paper, then pursued through the right channel.
Payment
Getting paid, or not overpaying
Progress claims, security of payment and final accounts, for both sides of the contract.
01
Building contracts
Drafting, reviewing and negotiating before anyone signs
A building contract sets the price, the timeline, the variations process and who carries the risk when something goes wrong. We draft domestic and commercial contracts, review the standard industry forms before you sign them, and negotiate the special conditions that matter: deposits, progress payments, liquidated damages, extensions of time and what happens if the builder cannot finish.
- Domestic and commercial building contracts
- Standard-form contract reviews and special conditions
- Variations, prime cost and provisional sum items
- Deposits, progress payments and retention
02
Defects and incomplete work
Assessed on site, then pursued properly
A defects claim is won or lost on the evidence: what was specified, what was built, and what a competent builder would have done. We assess the work with the eye of a former building inspector, bring in independent experts where the claim needs them, and run the matter through the dispute resolution body, the tribunal or the court that applies. Where the builder has become insolvent or cannot be found, we advise on the domestic building insurance claim as well.
03
Payment disputes and security of payment
Fast statutory remedies, used carefully
Security of payment legislation gives builders and subcontractors a fast way to be paid for work done, and gives owners and head contractors a short window to respond. The timeframes are strict and the consequences of missing one are expensive. We prepare and respond to payment claims, run and defend adjudications, and enforce or set aside the determinations that follow.
- Payment claims and payment schedules
- Adjudication applications and responses
- Enforcing and challenging determinations
- Final accounts and retention disputes
04
Terminating a building contract
Ending it without creating a bigger claim
A contract ended the wrong way becomes a claim against the party that ended it. Before a termination we check the grounds, the notices the contract requires and the timing, and we advise on the alternatives where termination is not the best commercial outcome. If you have been served with a notice, the same analysis tells you whether it is valid and how to respond.
05
Builders, developers and trades
The agreements a building business runs on
Subcontractor agreements, terms of trade, credit terms and the contractor-or-employee question all shape a building business’s risk. We draft and review them, advise on licensing and registration requirements, and act when a trading relationship breaks down.
How we work
Three steps
01
A look at the building and the paperwork
You send the contract, the plans and the correspondence. Where the problem is physical we inspect the site. We tell you what the position is and what it will cost to pursue.
02
A plan with an agreed scope
Every matter has a written scope and a quoted fee for each stage, so you know what the next step costs before you take it.
03
Resolution first, tribunal or court if needed
Most building disputes settle once the evidence is clear. Where they do not, we run them in the tribunal or the court that applies.
Who you will work with
Consultant Lawyer
Damian Bourke
A lawyer, nationally accredited mediator and family dispute resolution practitioner, with thirty years in property development and finance and earlier work as a building surveyor and inspector. Damian has sat on the client’s side of complex deals and brings both commercial judgment and steadiness to a hard matter.
Special Counsel
Lorraine Lim
Over 18 years as a commercial solicitor in Malaysia and Australia, including as a partner of a boutique firm. Lorraine leads the firm’s property and conveyancing work and the loan and security documents that sit behind a purchase, with a steady, results-driven approach clients come back to.
Client feedback
Voices of excellence
Live rating and reviews from the firm’s Google Business Profile.
Common questions
Building and construction questions, answered
Do I have to go through a dispute resolution process before the tribunal?
For most domestic building disputes, yes. The owner or builder must first apply to the statutory conciliation body, and the tribunal will not accept the matter until that process has finished or been certified as unsuitable. We prepare you for that step rather than treating it as a formality.
How long do I have to bring a defects claim?
It depends on the kind of defect and the contract, and the clock often starts earlier than people expect. Structural defects generally have a longer period than non-structural ones, and insurance claims have their own time limits. Raise it early and we will tell you where you stand.
Can I stop paying the builder if the work is defective?
Withholding payment without the contract allowing it can put you in breach and give the builder grounds to suspend or terminate. There are usually better options: a formal notice of defects, a dispute under the contract, or a set-off that the contract or the legislation permits. We advise before you withhold.
I have received a payment claim under the security of payment legislation. What now?
The time to respond is short, often ten business days, and if you do not serve a payment schedule in time you can become liable for the full amount claimed regardless of the merits. Send it to us the day it arrives.
Also relevant
Related services
Litigation & disputes
Commercial disputes run at the lowest cost that still protects your position.
Related reading
Building & Construction reading
Articles and briefings from the firm on this area. Plain English, no lecture.
Next step
A building contract, a defect or a payment claim?
Send us the paperwork and we will tell you what the position is, what the next step is, and what it costs. The first conversation is complimentary.