Advice regarding building contracts and disputes for residential and commercial projects, including:

1.       CONTRACT AND AGREEMENT DRAFTING

• Drafting preliminary agreements for work that is not “residential building work”
  • Selection of the optimal standard form contract and drafting of tailored contracts
  • Inclusion of special conditions to best protect your position, for example:
    • Administration of variations
    • Payment terms and enforcement
    • Site access
    • Practical completion
    • Handover
    • Allocation of responsibility to the owner

• Ensuring all requirements under the Home Building Act 1989 (NSW) are met

2.         WORK HEALTH & SAFETY

• Legal advice on meeting your WHS obligations

• The legal framework (duty of care)
• Recommended steps to promote a WHS compliant work culture

• Drafting contractor agreements

• Contractor’s WHS responsibilities
• Contractor’s independent status

• WHS documentation

• Advising on the selection and implementation of suitable WHS systems and documentation
• Reviewing terms and conditions with suppliers etc to ensure they are consistent with the implemented policies and documentation

3.         RESPONDING TO CLIENT AND CONTRACTOR CLAIMS

• Variations, extensions of time and liquidated damages
• Interpretation of contract clauses and legislation

4.         RIGHTS UNDER PARTIALLY COMPLETED CONTRACTS

• Obligations to complete works
• Recovery of plant and equipment

5.         DEBT ENFORCEMENT

• Commencing formal recovery proceedings in Court or the NCAT
• Making and responding to claims under the Building and Construction Industry Security of Payment Act 1999 (NSW)

6.         PROTECTION OF INTELLECTUAL PROPERTY

• Breaches of ownership in house designs

7.         EMPLOYEE ENGAGEMENT

• Interpretation of State and Federal awards
• Employment contract drafting and other employment advice
• Defending and initiating unfair dismissal claims

8.         LEASING

• Real property (eg display homes)
• Property, plant and equipment