Monday to Friday:- 8:45am – 5:15pm (Brisbane Office)
Building lawyers

Building & Construction

Our Brisbane Building Lawyers have the answers

Our expert building and construction lawyers in Brisbane provide practical legal advice and representation to various professionals in the industry. These include property owners, builders, contractors and subcontractors, property developers, engineers, architects, surveyors, and tradespeople.

Partnership Disputes Lawyers Brisbane

Commercial Building Contracts

We draft and review building industry related contracts. If you’re a builder or contractor needing legal advice about a domestic or commercial building contract, we can either draft the contract from scratch or modify an existing one to suit your specific job.

Domestic Building Contracts

Building Contracts, even in their standard form, are complex documents, regardless of whether they’re for a new home or a renovation. Our building lawyers have advised numerous clients on their rights and responsibilities under these contracts. There are often intricate elements within these contracts that could cost you significantly in terms of money and time, if not appropriately addressed upfront, but many such issues are preventable. We can guide you through your building contract’s terms before you sign it, helping you consider the potential issues and legal implications of agreeing to certain clauses. If any amendments are necessary, we can also assist you in negotiating special conditions tailored to your particular circumstances.

Contract Review and Negotiation

Domestic Building Contracts, even in their standard form, are complex documents, irrespective of whether they’re for a new home or a renovation. Our building lawyers regularly advise clients on their rights and responsibilities under these contracts. There are often intricate elements within these contracts that could cost you significantly in terms of money and time if not appropriately addressed upfront, but many such issues are preventable. We can guide you through your building contract’s terms before you sign it, helping you consider the potential issues and legal implications of agreeing to certain clauses. If any amendments are necessary, we can also assist you in negotiating special conditions tailored to your particular circumstances.

Contract Termination

Our building and construction lawyers are here to assist you in various circumstances, such as:

  • when you’re considering terminating a building contract
  • when you’re being threatened with building contract termination
  • when you’re in a situation where the contract has already been terminated.

Terminating a contract is a serious step and should not be taken lightly, or without proper legal advice. As a general rule, a carefully drafted notice must be served before you terminate the contract, giving the other party an opportunity to rectify the problems.

If the issues aren’t resolved, and there are sufficient grounds – a factor that also requires careful consideration – the contract can typically be terminated. Termination by a builder or property owner can serve as a beneficial resolution to a challenging and potentially costly dispute, when done correctly. However, incorrect termination can lead to an expensive and protracted dispute, which is something you’ll want to avoid. We therefore strongly recommend you obtain legal advice from an experienced building and construction lawyer before terminating a contract.

Contractual Disputes, Litigation and Dispute Resolution

Our building and construction lawyers are here to provide support to clients by such things as:

  • enforcing and defending contractual rights
  • helping mitigate the damage where necessary and, presenting our client’s position in the most favourable light.

Many contractual disputes can be resolved sensibly without the need for legal proceedings or mediation. Where possible, our building dispute lawyers will assist clients in negotiation. However, if the matter needs to be litigated, we have extensive experience representing clients in all courts.

Our Brisbane building lawyers take a proactive approach towards dispute resolution, ensuring thorough preparation for mediation and court proceedings.

Workplace Health & Safety

We can provide detailed legal advice in relation to occupational health and safety in the building and construction industry, including, for example, in relation to code of practice compliance and regulator investigations and prosecution issues.

Terms of Trade and Credit Arrangements

Whether you are a builder, contractor, or the recipient of these services, it’s crucial that your terms of trade are advantageous to you and do not present potential roadblocks.

Our team of construction lawyers have extensive experience in drafting and reviewing terms of trade, including those encompassing payment terms and credit arrangements. Establishing these details correctly at the outset can prevent confusion, unnecessary costs, and potential disputes down the line.

If you are already engaged in a dispute and require advice, we can also provide assistance. Our lawyers are experienced in representing clients to resolve disputes as quickly and efficiently as possible.

Security of Payment Act Claims

The Security of Payments Act legislation (which in Queensland is the Building Industry Fairness (Security of Payment) Act) is designed to ensure that any party involved in construction work has the right to recover progress payments for the work completed. However, this is a complex legal mechanism. It can serve as a potent tool to secure payment, but it demands careful consideration to determine if it’s the most suitable approach in a particular situation.

Our building and construction lawyers can offer invaluable assistance with:

  • making a claim
  • applying for adjudication: If your claim is disputed, we can assist you in applying for adjudication, a process where an independent third party makes a binding decision on the dispute
  • defending a claim: If you’re on the receiving end of a claim, we can help you mount a robust defence, including creating responses for adjudication
  • applying to set aside an adjudication determination: If you believe an adjudication determination is flawed or unjust, we can help you apply to have it set aside
  • enforcing an adjudication determination or judgment: once your successful claim is awarded, we can assist in enforcing it to ensure you get paid.

Apart from the Security of Payment Act, there are other methods of debt recovery at your disposal. We have extensive experience representing both plaintiffs and defendants in such scenarios, often in urgent circumstances.

Business Set Up

It’s crucial to establish a solid legal foundation right from the start. This includes selecting the correct business structure, which can have significant implications for your liability and tax obligations. That said, the need for different a structure changes over time. There are other of contracts that can be helpful in making sure you are legally protected.

At a base level, in terms of business structure, our team of construction and business lawyers can provide expert advice. The standard, common styles of business structures include:

  • sole proprietorship: This is the simplest form of business structure where one individual runs the business. The owner is personally responsible for all debts and actions of the company.
  • partnership: In a partnership, two or more individuals share ownership. Each partner contributes to all aspects of the business, including money, property, labour or skill. Each partner shares the profits and losses of the business.
  • company: a company is a separate legal entity, distinct from its owners. This means the company can incur debt, sue and be sued.
  • trust: A trust is a business structure where a trustee carries out the business on behalf of the trust’s members (or beneficiaries) and has either a company (corporate) trustee or individual trustee.

Whether you are just starting or considering restructuring your existing business, we can guide you through the process, tailoring what is required for a building / construction business.

Good legal advice from a construction lawyer will assist you in understanding the issues, enabling you to make the right decisions for your structure. We recommend talking to us to ensure you’re making the best choices for your business now and in the future.

Buying, Selling & Leasing Real Estate

Our Building and Property team has end to end knowledge of virtually any type of property transaction. We act for small and large developers, builders and property owners in everything from off the plan developments, shops, factories and land when buying, selling or leasing.

Builder, Contractor and Subcontractor Agreements and Disputes

Our experienced building dispute lawyers understand the complexities of the contractor and a subcontractor relationship, and have expertise in handling contractor-specific matters such as:

Employment advice: One common issue is determining whether a worker is a contractor or an employee. This distinction has significant legal and tax implications. Our Brisbane building lawyers can help clarify these relationships and assist with disputes when they arise.

Contracts between builders, contractors, and subcontractors: Whether you’re a builder, contractor, or subcontractor, it’s essential that your contract reflects your interests and protects your rights. We can draft and review these contracts for you, ensuring they are legally sound and cater to your specific needs.

Disputes between builders, contractors, and subcontractors: Disputes in the construction industry can quickly escalate, leading to project delays and increased costs. It is crucial to identify legal issues promptly and seek to resolve disputes efficiently. If the other party is not amenable to a reasonable resolution, a robust approach is necessary to protect your interests.

If you need advice on matters between builders, contractors, and subcontractors, please contact us. Our team is committed to providing effective legal solutions that cater to your unique situation.

Licences and Permits

Our Brisbane building lawyers can provide advice in relation to the following:

  • application, suspension and appeal of building licences, plumbing licences, electrical licences and gas fitting licences
  • development applications
  • water usage
  • sewerage/drainage matters
  • tree protection (including dealing with planning permit conditions and overlays)
  • fire management and fire safety
  • explosives
  • asbestos removal
  • public land use

Our building and construction lawyers can assist in the preparation of documentation and representation in relation to all of the above.

Building Defects and Home Warranty Insurance Claims

Hiring a builder for your home construction or renovation project is a significant investment, and you should expect quality results. However, not all builders deliver to the expected standards.

Home warranty claims can be made against builders for defective work. However, the precondition for making a claim is that the builder is insolvent, untraceable, or deceased.

Our legal team has extensive experience assisting landowners in dealing with builders who have delivered subpar work. We can help you explore potential remedies, including getting defects rectified or securing appropriate compensation.

We work closely with building experts at all levels who can identify even the most concealed defects and provide a comprehensive estimate for rectifying these defects. This expertise helps us in building a strong claim on your behalf.

Our first approach is always to resolve the dispute without resorting to litigation but if necessary, we will vigorously represent your interests against the builder in QCAT or the courts.

If you’re in a dispute with your builder and require legal advice on negotiation strategies, or if you’d like us to represent you in negotiations, please don’t hesitate to contact us. Our team is committed to protecting your rights and ensuring you receive the quality for which you paid.

Debt recovery within the construction industry can often be a complex process. It’s not always straightforward due to potential offsets and counterclaims, and a carefully considered strategy is crucial for success.

Our debt recovery team has vast experience and a track record of success in retrieving outstanding payments. We regularly issue letters of demand and initiate legal proceedings to enforce payment of outstanding debts.

In addition, we also advise on the application of the Security of Payment approach, where it is deemed suitable. This can often be a powerful tool for receiving payment, although it requires careful consideration first.

Equally important is our role in defending clients facing claims for payment. If you’re alleged to owe money, we can provide you with robust legal representation to ensure your rights are protected and any disputes are handled in the most beneficial way possible.

Our goal is to approach each dispute with a thorough understanding of the complexities involved and a strategic plan to achieve the best possible outcome for our clients. If you need assistance with debt recovery, don’t hesitate to get in touch with us.

Project Finance Documentation Advice

We can provide you with clear, sound explanations and guidance on all aspects of the Loan Agreements and Guarantees for project funding, equipment finance and other building and construction related contracts.

These consultations are typically short and to the point, aimed at providing you with the knowledge you need to make informed decisions.

Providing clients with the best possible service and advice.

Looking for a Lawyer or Law Firm in Brisbane?

Our Brisbane Lawyers will provide you with expert legal advice as well as practical solutions. Our law firm has extensive experience in guiding client through their matter addressing commercial considerations and real-life situations and resolving issues quickly.

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Office Hours: Monday to Friday: 8:45am – 5:15pm
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We provide our legal services across Brisbane and surrounds.

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