Given the unprecedented boom in the building and construction areas over the last several years this is an area in which our practice continues to develop. We advise building, construction and engineering companies on a wide range of matters.
We can assist in the following areas of building and construction law and home warranty:
- Arbitration & Mediation
- Building Disputes
- Claims Resolution
- Construction Litigation
- Contract Administration
- Contract Interpretation
- Contract Works Claims
- Contractual non-performance
- Debt Recovery
- Delay Claims
- Disputes
- Home Warranty Claims
- Insolvency & Bankruptcy
- Insurance Claims
- Litigation
- Outsourcing
- Tender Preparation & Advice
- Tribunal & Court Attendances
- Variations
One of the areas fraught with difficulty involves the application and re-interpretation of the Building and Security of Payments Act 1999. It works well for contractors but it has serious ramifications for owners or developers even without an agreement. It allows builders to raise a payment claim in prescribed form and readily enforce it as a judgement debt. Whether contractor, sub-contractor, owner or developer always obtain proper legal advice before committing to a course of action that may invariably prove expensive. Do not forget the importance of the Trade Practices Act in these situations.
Building Warranty claims involving the death, disappearance or insolvency of the builder are the only matters covered by home warranty insurance. Normal building defects are dealt with by the Department of Fair Trading. The Consumer, Trader and Tenancy Tribunal deals with contested matters. Unfortunately this area is a minefield for the uninitiated. We have an excellent understanding of these matters.
We have ready access to a comprehensive panel of experts in this field including architects, engineers, claims consultants, chartered loss adjusters and other industry specialists.
Contact us now for Fast, Accurate and Timely legal advice
Phone LAC Lawyers on NSW 1300 799 888 or VIC 1300 734 638 or send us an email
Author(s):Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)