Building & Construction law & dispute in Australia
Timely and effective legal solutions.
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Reviewing construction contracts and negotiation
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Security of payment and debt recovery
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Defects and liability claims
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Dispute resolution and litigation
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Licensing and regulatory compliance
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Building and construction regulations and standards
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Managing disputes between contractors, builders, and property owners
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Representing clients in court and alternative dispute resolution processes
Build Your Success with Our Expert Legal Services in Building and Construction Law
We offer the following building and construction law services:
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Contract review and negotiation
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Defective work in a building contract
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Claims and disputes resolution
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Project advisory and risk management
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Building regulation and compliance
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Construction law training and education
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SOPA - Security of Payment law in Australia
SOPA is a statutory mechanism for the players in the Building and construction industry for efficient and fast recovery of building and construction debt.
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NSW, Building and Construction Industry Security of Payment Act 1999.
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QLD, Building Industry Fairness (Security of Payment) Act 2017.
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VIC, Building, and Construction Industry Security of Payment Act 2002.
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ACT, Building and Construction Industry (SOP) Act 2009.
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SA, Building, and Construction Industry Security of Payment Act 2009.
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TAS, Building and Construction Industry Security of Payment Act 2009.
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NT, Construction Contracts (SOP) Act 2004.
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WA Construction Contracts Act 2004.
SOPA - Security of Payment law in Australia
Breach of Contract: A breach of contract occurs when one party fails to fulfill its obligations under the contract. Disputes may arise due to disagreements over contract terms, delays, or non-compliance with agreed-upon specifications.
Construction Defects: These defects can range from minor cosmetic issues to major structural problems. Disputes may arise when workmanship does not meet quality standards or when there are flaws in design, materials, or construction.
Payment Disputes: Disagreements over payments are common in construction projects. These disputes can involve issues such as progress payments, variations, or non-payment for work done. Resolving payment disputes often requires negotiation, mediation, arbitration, or litigation.
Common disputes during construction projects
Alternative dispute resolution (ADR) in Building & Construction
Fast, efficient, and cost-effective dispute resolution
Mediation: Mediation involves a neutral third party (the mediator) facilitating negotiations between the parties. The goal is to reach a mutually acceptable resolution. Mediation is less formal, and confidential, and allows for creative solutions.
Adjudication: Adjudication is a rapid process where an independent adjudicator reviews the dispute and issues a binding decision. It is commonly used in construction contracts, especially in the UK and Australia23.
Arbitration: Arbitration resembles a mini-trial. The parties present their cases before an arbitrator or panel of arbitrators. The decision is binding and enforceable. Arbitration offers flexibility in procedure and privacy23.
Expert Determination: In this method, an independent expert evaluates technical or specialized issues related to the dispute. The expert’s decision is usually binding.
Court Proceedings: While not strictly an ADR method, court proceedings are an option. However, they tend to be more time-consuming and costly compared to ADR
Legal remedies for defective works in building
Remedies in Building projects
Specific performance & injunction
Damages and compensation
Statutory remedies
