area of practice

Building & Construction

Construction projects are complex enough. We take care of the legal details so you can focus on getting the job done.

Construction law is a complex and specialised area. It has its own “language” and a vast array of technical information woven into the legal framework.

Whether you are a builder looking at entering a contract with a developer, an individual contracting with a builder, a subcontractor in dispute over payment, or are in any other of the many scenarios, the building process requires know-how and support from an experienced legal practitioner. C J Boyd Solicitors are skilled at providing such support, both in the early days of planning, and in the unhappy event that a dispute arises, conducting litigation or other forms of dispute resolution when required. Typical matters we can assist with include:

Advising on contract payment disputes for builders, subcontractors, architects, consultants, and suppliers, including the use of the Building and Construction Industry Security of Payments Act.
Drafting, reviewing, or negotiating building contracts, subcontracts, access deeds and other legal documents.
Conducting litigation in the Local, District and Supreme Courts of New South Wales, as well as proceedings in the New South Wales Civil and Administrative Tribunal (NCAT).
Advising both owners/developers and builders on the practical resolution of building defects claims and, if necessary, the litigation of such claims.
For builders and contractors, preparing contract summaries and aide-mémoires, as well as providing training and support in administering contracts to avoid disputes and minimise risk.

Building and Construction Contracts

No matter how large or small your building project, or who is involved, having a well-drafted contract is essential to ensure that each party is on the same page and expectations are managed.

Builders and contractors should be aware of their statutory requirements to provide complying building contracts for certain projects. For example, when carrying out domestic building work to a specified value, the onus is on a builder to ensure that a written, complying contract is in place. Keep in mind however, that using an industry approved standard form contract does not sidestep the need to review all provisions to ensure they are properly addressed, relevant and appropriate for each project.

Contracts should outline each party’s performance obligations, their respective rights and responsibilities, apportion risk and liability as relevant, and should also consider processes for dealing with unforeseen events and resolving disputes.

The effective administration of contracts governing a building project is also key to success in the building industry, whether carrying out work as a principal, subcontractor, or providing building-related services. Good contract administration can help a building business meet its legal obligations, maintain profitability, and minimise the potential for disputes.

Building Disputes

Disputes within the building industry are not uncommon. An unresolved building dispute can soon escalate depleting the affected parties’ valuable time and resources.

Whether you are a homeowner, builder or subcontractor, our team has vast experience in negotiating and resolving building disputes and has assisted and advised owners, strata managers, community associations and building professionals with a range of construction matters.

Domestic Building Disputes

Domestic building disputes typically concern claims of incomplete or defective works, variations to the scope of works, prime cost items, delays and payment claims.

Domestic building in New South Wales is largely governed by the Home Building Act 1989. The Act and associated Regulations contain the building licensing regime, rules of conduct for builders, statutory warranty framework, minimum building standards, consumer protection provisions and dispute resolution processes.

Unresolved building disputes in New South Wales may be referred to the Department of Fair Trading and determined in NCAT which can rule over cases up to a specified monetary value. Claimants may be legally represented through NCAT.

Strict time limits apply when pursuing a building dispute and legal advice should be sought before making or defending a claim.

Subcontractor / Builder Payment Disputes

Payment disputes between contractors and subcontractors are managed through the Building and Construction Industry Security of Payments Act 1999 (NSW). The Act provides for an adjudicated process for the resolution of payment disputes as an alternative to lengthy and costly litigation.

There are strict procedures and timelines applicable when making or responding to a payment claim. There are also various technical aspects of the legislation which must be considered.

Having spent years as an accredited security of payments adjudicator in NSW and the ACT, our Special Counsel for construction understands the precise requirements for formulating successful submissions under the Act.

If you need any assistance, contact one of our lawyers at [email protected] or call 02 9279 1179 for a no-obligation discussion and for expert legal advice.