Our construction lawyers in Sydney works hard to ensure your project runs smoothly, comply with the law, and headache-free.
Whatever your construction size or value be, from your building or construction project’s conception, the legal framework will determine its outcome. With the help of proper professional and trade advice from a construction lawyer in Sydney, you will have a legal framework that clarifies parties’ legal responsibilities and obligations up-front, it can also reduce the time spent negotiating building disputes or misunderstandings.
How our construction lawyers in Sydney can help you
Our experienced construction lawyers in Sydney advise developers and principals, main contractors, trade contractors, suppliers, and homeowners in all areas of construction law such as:
- Contract interpretation, administration & advice
- Building & Construction Industry Security of Payment Act
- Joint venture & business negotiation
- Construction claims
- Development Applications – Local Council
- Development Applications – Land & Environment Court
- Professional liability & Negligence
- Tribunal & Court attendances
- Arbitration & mediation
- Insurance claims advice
- Risk management
- Building protection works
- Claims resolution
- Construction Litigation
- Home warranty claims
- Home Building Act 1989
- Debt recovery
- Insolvency & bankruptcy
- Quantum meruit claims
What do I do if there is a dispute over a residential construction contract?
In New South Wales residential building disputes are covered by the Home Building Act 1989. Usually, when a dispute arises, the Department of Fair Trading will attempt to resolve the dispute as a means for parties to settle the matter. However, if no settlement is reached then a building claim can be lodged with the NCAT, Local, District, or Supreme Court depending on the amount of the claim. A building claim can be lodged by either the Owner or Builder where defective work is involved or where the money is owed pursuant to the building contract.
What is the Security of Payment Act?
The purpose of the Act is to provide a builder or a Subcontractor or a supplier with a quick means of enforcing progress payments. If you are a builder or a sub-contractor or a supplier, you can make a payment claim for the work you had done. The Act prescribes a procedure for enforcing payments in circumstances where you had made a payment claim. These steps are:
- A payment claim is made;
- A payment schedule is provided by the Builder or the Principal in response to a payment claim;
- Adjudication or an option to obtain a judgment from Court if no payment schedule is provided.
What is a Payment Claim?
A payment claim must:
- Identify the construction work or related goods or services to which the progress payment relates;
- Indicate the amount claimed; and
- State that it is made under the Act.
For more information on how our building dispute and construction lawyers in Sydney can assist you, or make an appointment, please click here.
What is a Payment Schedule?
Simply put, a payment schedule is a response to the payment claim by a Builder or Principal. It sets out the Builder or Principal’s position whether it either admits or denies the liability of the claim. A payment schedule must:
- Relate specifically to the payment claim;
- Identify the amount which will be paid; and
- If less than the amount claimed, identify the reasons for choosing to pay the said amount.
Are there any time limits to making a Security of Payments Claim and Payment Schedule?
The Act provides a very strict time regime for making payment claims and serving payment schedules. It is important that these time limits be adhered to.
What is Home Warranty Insurance?
Under the Home Building Act, insurance is required for any residential building work where the work requires a building license and is valued at over $20,000.00. It must be obtained by the Builder and a certificate given to the homeowner prior to making any money on the contract and prior to commencing any construction work.
What can I do if the Home Warranty Insurer denies my Home Warranty Insurance claim?
If the Home Warranty Insurer either denies your claim or you are unhappy with the amount of the claim they approve, you can appeal the decision to, NCAT or to the Court. You have 45 days after notification of the Insurer’s determination to bring such an appeal.
What does Home Warranty Insurance Cover provide?
A claim may be able to make for the following:
- Breach of statutory warranty;
- Faulty design or non-supply of a kit home;
- Faulty design;
- Loss of deposit or progress payment;
- Removal and storage costs reasonably and necessarily incurred;
- Materials and components used in the kit home not suitable for purpose’
- Incompletion of work
- Legal or other reasonable costs incurred in seeking to recover compensation.
If you have building and construction work and are looking for the advantage of experience Eden King Lawyers building and construction lawyers in Sydney who will deliver great results, please click here for a half an hour free consultation appointment.