Sydney CBD Construction Lawyers
BSM’s construction lawyers Sydney CBD are industry experts with many years of experience handling residential, commercial and industrial, providing general construction legal advice and handling building disputes. Our clients include home owners, property developers, builders, contractors, engineers, architects and body corporates. We have a proven track record, over 85% of our building and construction disputes are settled without the need for litigation through our powerful negotiation skills. Our construction lawyers have successfully litigated a residential building company, setting a legal precedent in relation to the Home Building Act.
We have the experience and knowledge to provide a premium legal service without the price tag of a large city firm. We provide a highly responsive, personalised and rapid turn-around service. BSM Law works at all levels of construction throughout Sydney, assisting individual home owners, builders, and contractors through to developers involved in multi-dwelling structures and large commercial projects. We treat every client with the same respect and provide the same level of excellent legal service.
The BSM construction lawyers Sydney CBD are recognised building industry experts and can help you with contracts, debt recovery and dispute resolution.
Building Contract Lawyers
We have extensive experience in every stage of the building process. Many disputes in construction occur because of issues with contract drafting and administration. We work hard to prevent future disputes through thorough, collaborative and authoritative advice, drafting and administration of contracts by our dedicated building contract lawyers.
Pre-Contract Negotiations
The experienced building contract lawyers at Brander Smith McKnight Sydney CBD Construction Lawyers will negotiate aggressively to ensure the removal of any unreasonable risks in the contract. We will ensure that you have adequate control over the building process, that the schedule of payments reflect the progress of works and that there are no unexpected price variations. We will work with you and keep you informed of progress.
Contract Drafting
Our Sydney CBD construction lawyers are renowned as industry experts and will deliver on the 3 key elements of quality, expediency and value for money. Factors that often need to be addressed in construction contract drafting are risk and responsibility allocation, provision for instructions and variations, provisions for quality and inspection, liabilities and insurance, delay and extension of time, payment and potential disputes. The issue of risk and responsibility allocation can be handle in several ways including design and construct, construction management, collaborative or traditional approaches. The highly experienced Sydney construction lawyers can clearly advise on the relative merits and reflect this in the drafting of the contracts.
There are multiple standard forms such as those produced by Housing Industry Association (HIA) and Australian Standards (AS). Our building contract lawyers are familiar with these standard forms and can provide you with clear legal advice early and relevant amendments. We can clearly explain the legal terms and repercussions to you and negotiate with the other parties and their legal representatives. For more information on contracts, see our article on understanding different construction contracts.
Review of Contracts
Brander Smith McKnight building contract lawyers will independently review your contract, no matter where it was drafted. Changes and additions can be inserted anytime prior to the signing of contracts. We can negotiate with the other party to ensure necessary amendments are made. These necessary amendments may include the timing of progress payments, the inclusion of liquidated damages, control of the building schedule and approval of all variations. We will identify and alert you of any unusual clauses in the contract that may cause problems and additional expense for you in the future.
Administration Advice
Once the contract has been drafted, amended and agreed to by all parties and executed, it will need to be administered properly. The building contract lawyers at BSM Construction Lawyers Sydney CBD can provide advice during the administration of a contract. Issues that may arise include variations, delays, extension of time, insurance matters, payment claims, requests for information and defective works.
Debt Recovery
How can Sydney Brander Smith McKnight recover your debt?
The first and most cost-effective step is a Letter of Demand which is sent to the debtor and details the amount of the debt and under what circumstances the debt became due and payable. It details when payment must occur and explains that if this doesn’t occur there will be further legal action. Our expert construction lawyers prepare this letter within a few days and this very often results in recovery of your debt. This simple letter results in the recovery of 85% of building debts.
If payment is not received, our building lawyers issue a Statement of Claim. A Statement of Claim is a document that initiates legal proceedings, describes the course of action, the nature and often the amount of the claim. This document is filed with court and subsequently served on the defendant. This obliges the defendant to file a defence within 28 days and often results in the defendant making a payment or entering into negotiations to avoid litigation. If they do neither of these, the BSM construction lawyers Sydney CBD will make an application for a default judgement. This is a judgement awarded by the court, which is recorded on the defendant’s credit file and allows the plaintiff to enforce the judgement.
Once you receive a judgement from the court, most defendants pay the debt. Unfortunately, some people refuse to pay. If this occurs our construction lawyers will utilise debt enforcement strategies to recover the debt. This includes garnishee orders, writ for levy of property, bankruptcy and insolvency.
The next step in debt recovery is litigation. Our experienced Sydney CBD construction lawyers regularly run legal proceedings in NCAT, Local Courts and District Courts. They will advocate fiercely and effectively for you and get the best possible outcome. If your matter proceeds to the Supreme Court, we can instruct one of the barristers that we regularly work with.
SOPA
The Building and Construction Industry Security of Payment Act 1999 (NSW) provides builders, contractors, architects, engineers and surveyors with a process for recovering payment for their work. Although quick and cost-effective, it has set time constraints and detailed requirements which must be followed. The building and construction lawyers Sydney CBD at BSM lawyers are extremely experienced with SOPA and are able to advise and represent you through this process, including preparing payment schedules and claims, and adjudication applications and defences. We can also enforce adjudications and judgements handed down by adjudicators and the court.
In 2021, there were two amendments made to SOPA. The act was amended in March to provide that SOPA applied to home building where the builder contracted directly with the home owner. Previously, SOPA applied when the builder contracted with the developer or parties other than the home owner. In June 2021 a further amendment was made that legislates all construction contracts over the value of $20,000 must include a SOPA guide.
Dispute Resolution
Unfortunately, disputes are fairly common in the building and construction industry. These are often disputes in relation to defective building work, variations, delays and payment. Our lawyers take great pride in their ability to resolve at least 85% of disputes without the need for costly litigation. With decades of experience in the construction industry, we are able to explain your rights and options. We understand that there are many different ways of resolving disputes and work hard to find practical and commercially advantageous solutions for you. We can advise and act for you across all forms of dispute resolution including negotiation, representing you in mediation and conciliation conferences, expert determination and arbitration. Our lawyers will concisely present the facts and fiercely argue your case. We can also issue legal demands such as a Letter of Demand, Notice to Comply or make ‘without prejudice’ offers on your behalf. For further information on building disputes, see our article on home building disputes and NCAT.
Litigation
If alternative dispute resolution and mediation fails to resolve your dispute, Brander Smith McKnight is able to litigate for you. Sydney CBD building and construction lawyers have extensive experience and are able to run most litigation matters independently, saving you the cost of engaging a barrister. Our building lawyers appear regularly in the Consumer, NSW Civil Administrative Tribunal (NCAT) and Local and District Courts. If required, for instance in the Supreme Court of for a particularly complex matter, we have a panel of barristers that we use. We meticulously prepare for court and take pride in our ability to effectively and persuasively advocate for you in court.
Major Project Experience
Brander Smith McKnight have provided legal advice to the construction industry throughout Sydney for many years. In addition to small and medium sized construction projects, we have worked on infrastructure projects with values of over $1 billion. Our lawyers have provided legal advice, contract drafting and dispute resolution on major projects such as a rail line to a mine in Queensland for Xstrata Coal, runway extensions at Sydney Airport Corporation; Enfield Terminal redevelopment for Sydney Ports Corporation; rail constructions and civil works for Barclay Mowlem (acquired by Laing O’Rourke).
General Experience in the Building Industry
The building and construction lawyers at Sydney CBD Brander Smith McKnight have over 40 years of experience and have worked extensively at all levels of construction throughout Sydney and Australia.
Residential Buildings
The Home Building Act 1989 (NSW) contain the legal requirements and regulations pertaining to this area of construction. We represent builders and home owners throughout Sydney, providing clear and efficient advice about your rights and responsibilities. We can advise on issues such as the definition of a defect, whether it is a minor or major defect, whether there has been a breach of the Home Building Act and whether there is a defence under this act.
Multi-dwelling Buildings
The Design and Building Practitioners Act 2020 (NSW) is a relevant and recently introduced Act pertinent to this area of construction law. For more information, see our article on this Design and Building Act. We have acted for builders, developers and home owners throughout Sydney and NSW. We can provide advice on planning requirements, council approvals, payment claims, payment schedules, design contracts, construction contracts, building practitioner registration and building disputes.
Commercial and Infrastructure
This includes roads, railways, office blocks, pipelines and bridges. The Security of Payment Act (SOPA) is relevant to this area and applies to payment claims, payment schedules and adjudications to ensure the prompt payment of contractors and subcontractors. For further information, see our article on SOPA. We have acted for principals, contractors and sub-contractors throughout Sydney and NSW. Brander Smith McKnight construction lawyers have worked for privately funded finance projects in excess of 1 billion dollars. These include drafting contracts and acting for Sydney Ports Corporation during negotiations for port redevelopment in Botany Bay and for Sydney Airport Corporation during the process of runway safety redevelopment.
FAQs
What areas of construction law does Brander Smith McKnight Sydney CBD Construction Lawyers specialise in?
We specialise in residential, commercial, and industrial construction law. Our highly experienced building lawyers handle all levels of building and property disputes, debt recovery, provide general construction legal advice, draft, negotiate and review contracts and provide administration advice. We offer a free 20-minute consultation.
What types of clients does BSM Sydney CBD Construction Lawyers work with?
Our clients range from homeowners and property developers to builders, contractors, engineers, architects and body corporates. We have extensive experience in all levels of construction throughout Sydney and Australia. Our construction lawyers offer a free, no-obligation, 20-minute assessment of your individual case.
How successful is BSM Law in resolving building and construction disputes?
We have a very strong track record in dispute resolution, with over 85% of our building and construction disputes settled without the need for litigation. We pride ourselves on being able to fiercely negotiate on behalf of our clients.
Can BSM Construction Lawyers Sydney CBD help with contract drafting and administration in construction?
Yes, our building contract lawyers have extensive experience in every stage of the building process, including contract review, negotiation drafting and administration. We provide thorough, collaborative and watertight contracts to help prevent future disputes. Our building contract lawyers offer a free 20-minute consultation.
What is the process for reviewing contracts?
Our building contract lawyers will independently review your contract, no matter where it was drafted. We will identify and alert you of any unusual clauses that may cause problems in the future and negotiate with the other party to ensure necessary amendments are made and your rights are protected.
Can BSM Construction Lawyers Sydney CBD provide legal advice for residential construction projects?
Yes, we represent builders, contractors and homeowners throughout Sydney, providing advice about your rights and responsibilities under the Home Building Act 1989 (NSW). We can advise on issues such as licences required, defect definitions and potential breaches of the Home Building Act.
How does BSM Sydney CBD Construction Lawyers handle disputes in the building and construction industry?
Our lawyers take great pride in their ability to resolve most disputes without the need for costly litigation. We work hard to find practical and commercially advantageous solutions, advising and acting for you across all forms of dispute resolution, including negotiation, mediation and conciliation conferences, expert determination and adjudication.
Can BSM Sydney CBD Construction Lawyers assist with debt recovery in the construction industry?
Frequently the first step is to issue a payment claim pursuant to the Building and Construction Industry Security of Payment Act (SOPA). Where appropriate we can draft and issue an adjudication application. We can also pursue other legal avenues for debt recovery, such as sending a Letter of Demand, alternate dispute resolution and where appropriate litigation in New South Wales Civil and Administrative Tribunal (NCAT) or the appropriate court.
What experience does BSM Sydney CBD Construction Lawyers have with large-scale projects?
Our lawyers have provided legal advice and dispute resolution on major projects including the construction of a rail line for Xstrata Coal, runway extensions at Sydney Airport Corporation, and Enfield Terminal redevelopment for Sydney Ports Corporation. Our lawyers have worked on infrastructure projects valued at over $1 billion.
Do I need a lawyer to review my contract?
The simple answer is yes. Building contracts include many complicated legal issues and terms. Building and construction usually involve large amounts of money and any errors or omissions can have significant consequences on the timing and completion and quality and cost of your building project. BSM has dedicated building contract lawyers who work collaboratively and efficiently to review your building contract to ensure that it is water tight. BSM construction lawyers Sydney offer a free 20-minute consult.
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 often 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. The BSM building lawyers in Sydney CBD can negotiate any complicated variations or disputes regarding variations.
What is a time delay?
A time delay means that the contractor has fallen behind the building schedule. A builder who is delayed may request an extension of time to the building schedule. It is important that every building contract includes a process for the notification of delays and for approvals for extension of time. BSM construction lawyers Sydney CBD are experienced in this area and can assist builders, contractors and owners in the management of delays and extension of time.
What is SOPA?
SOPA is an acronym for the Building and Construction Industry Security of Payment Act 1999 (NSW) is an Act which is aimed at alleviating the problem of delayed or non-payment for work in the building industry. It provides builders, contractors, subcontractors, architects, engineers, surveyors and designers with a process for recovering payment for their work. Although rapid and cost effective, it has specific time constraints and detailed requirements which must be followed. The construction lawyers at BSM Sydney CBD Construction Lawyers are extremely experienced with SOPA and are able to advise and represent you through this process, including preparing payment schedules and claims, and adjudication applications and defences. We can also enforce adjudications and judgements handed down by adjudicators and the court. Our construction lawyers offer a free 20-minute consultation.
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. BSM construction lawyers Sydney CBD prepare this letter within a few days and this very often results in recovery of your debt. This simple and inexpensive letter results in the recovery of 85% of building debts.
BSM Sydney CBD Construction Lawyers Locations
Level 57 25 Martin Place Sydney NSW 2000
Suite 2/9 15 East Parade Sutherland NSW 2232
Level 14, Suite 2/3 Parramatta Square Macquarie Street Parramatta NSW 2150
Level 1, Suite 1 90 Market Street Wollongong NSW 2500
Unit V20, Shop 1 4 Benson Avenue Shellharbour City Centre NSW 2529
