Building and Construction Lawyers
Anyone who has been involved in a construction project, will understand the complexity of building contracts, and the number of factors that can influence the satisfactory completion of a job. At PB Lawyers Australia, our experienced lawyers understand the issues at stake for our clients.
Whether the project is a house, a residential development, an office building, a factory or another type of commercial premises, legal issues with substantial financial risk for both parties may arise during the course of construction.
Whether you need ‘front end’ strategic advice on a project, or whether you are involved in a dispute, PB Lawyers Australia has expertise in:
- Drafting building contracts and related commercial agreements
- Advising and representing clients with respect to local government development requirements
- Identifying environmental requirements and representing clients in Land & Environment Court litigation
- Building contract disputes and litigation, including multi-party liability litigation
- Advising, negotiating and drafting construction contracts
- Contract administration
- Mediation, arbitration and alternative dispute resolution with respect to building disputes and recovery of damages or payments due under contract
- Managing the security of payments and related issues
- Representing builders in licensing proceedings
Building and Contruction Disputes & Litigation
When a problem or issue arises in the commercial building sphere prompt legal advice is essential to getting a good resolution quickly and to ensure any negative impacts are limited. It is important that your lawyer understands the construction industry and has extensive experience in litigation and dispute resolution. Whether you are considering making a claim or have had a claim made against you, we can provide quality advice and guidance to you for those matters.
We can assist with resolving a variety of building disputes:
Contract Disputes
Disputes over building contracts are widespread and becoming increasingly common in the building industry, and whilst some are quickly resolved others can be more severe. Our building lawyers can assist in any level of dispute and provide concise advice on what your contractual obligations and rights are.
Enforcing or Terminating Building Contracts
If you breach or terminate a building contract incorrectly you may be exposed to damages and further costs claimed from a number of parties. If issues arise and you need to enforce or terminate a building contract it can be difficult to do without a lawyer or legal advice. Whether you need to enforce or terminate a contract we can assist in providing advice. We will look to limit any risk of exposure to subsequent claims for loss and damage, defend your overall position.
Subcontract and Contractor Disputes
If you are a subcontractor or contractor we can provide advice to find a workable outcome for your dispute. This may include options, such as terminating the agreement, or identifying a workable outcome which preserves your relationship with the builder. We can also assist where a claim is being made against you or a dispute arises over payments and defects.
Defects Claims & Warranty Claims
We are experienced in assisting landowners, developers, sub-contractors and builders with their claims regarding commercial building defects. It is often the case that a matter can be resolved either before Court or during ongoing discussions between parties. We attempt to reach a beneficial resolution quickly and to avoid lengthy disputes where possible. We will give you a clear analysis of your overall position as it relates to the law.
Insurance Claims
Where there is an insurance claim against your builder’s warranty insurance or against other insurers we can assist. Insurers are typically difficult to deal with. We can assist you if a claim has been approved or denied in full, or partially. We can provide advice and pursue the insurer to ensure your position is advocated for.
Payment Disputes or SOPA Claims
The Security of Payment Act provides protections and a way for contractors to secure payment in a timely manner, including dealing with disputes about those payments, as they arise.
We take the responsiblity of providing expert and professional service. To give our clients the best legal representation. We spend the time to look deep into the realities of your commercial situation and seek the best possible outcome.
What to Expect when working with PB Lawyers Australia
Here are some reasons why people choose us:
- Punctual and Precise: From your first consultation until a successful solution, we will work hard to resolve your matter fast and with precision. We answer all enquiries quickly as we understand how stressful legal pressures can be. And more often than not, time is crucial, so we act promptly. Having the right lawyer in your corner is the most important aspect when dealing with legal matters, so as we are fast, we are also as experienced and thorough.
- Understanding and Perceptive: We understand that being involved in any legal matters can be stressful. So, we take the time to learn your situation and get a good grasp on all the relevant factors and use that information to work for you in the best way possible. We’re here to guide you every step of the way, we will listen to you, offer advice, answer any questions you have and ensure that you have all of the information you need to make an informed decision every time.
- Affordable and Reasonable: There is no surprise in saying that legal fees can be expensive, however, engaging a lawyer may be less expensive than you realise. Doing so will most definitely reduce the amount of stress and the amount of time in dealing with your legal matters. We offer flexible billing arrangements for our services, including event billing, time interval billing and fixed rate fees. We’ll also be transparent with you about the costs surrounding resolving your matter and provide you with a quote once we’ve had a consultation with you and understand your situation.
- Experienced and Knowledgeable: Each member of our trusted team has years of experience in the areas of law they each practice, coming from different cultural and societal backgrounds. This allows us to understand your situation more easily and work together to find the best outcomes for your situation. Like we said before, no two situations are the same, but our vast range of experience means that we can certainly help you.
Our Building and Construction Law Solutions include:
Assisting You Gather Relevant Documentation
Drafting Required Documents
Giving You Advice on the Best Method to Proceed
Providing a Free First Consultation
Drafting and Preparing Contracts
Negotiating Contractual Terms
Protecting Against Possible Disputes
Representing You in Court
Facilitating and Arranging Settlement
Client Testimonials and Reviews
Frequently Asked Questions
What is a letter of demand?
A letter of demand is a legal document stating your legal rights in relation to an unpaid debt. It must be addressed to the debtor and state that it is a letter of demand. It gives details of the amount of the debt and under what circumstances the debt became due and payable. It details when payment must occur and advises that unless payment is made by this date, there will be further legal proceedings.
What is a variation?
Any party to the contract can trigger a variation. A variation means a change in the work to be completed and usually involves an increase in the price and an extension of the time to complete the project. It is important that your contract includes a proper process for requesting and approving variations.
When to contact PB Lawyers Australia?
There are countless situations that may call for professional legal advice. The following are some of the most common reasons building contractors call us for help:
When suing or being sued
Claims of defective construction
On-the-job injuries
Contractual actions
Can you cancel a building contract?
Yes, a contract can be cancelled or terminated, but there may well be adverse consequences if that contract has not been carefully drafted in the first place.
What does construction law include?
Construction law involves the contracts, planning, engineering, building and permissions involved with a construction project, whether that be residential, commercial or industrial.
