Legal Advice services - Building Contracts and Dispute Resolution assistance

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Building Solicitor's assistance can be very vital when preventing or resolving disputes

Legal Advice services overview
Building Contracts
Help with or Dealing with a Dispute
Legal Expertise
Legal Advice services Request

"Protection through your Building Contract is vital. If your interests are not protected, they can be very expensive and problematic to enforce. If you are seriously considering selecting the design of a Project Builder, obtain a copy of their Building Contract and have it checked by an expert in law and building (we can introduce you to such expertise) well before plans, or a Development Application are submitted to your Local Council. Otherwise you may be locked in with that builder, as they own the copyright to the design. If the builder is not prepared to listen to your concerns over the Building Contract they have issued, you are better off not dealing with them!! Also remember you should not copy a building design, as it may be protected by Copyright"

David Kessler BE
Managing Director, The Building Centre Pty Ltd (est 1957)

Legal Advice services overview

This specialist Legal Advice service provides invaluable guidance on 'home building' including home building contracts, litigation, dispute resolution and general information. The service is also available for 'general construction' matters associated with commercial, civil and engineering construction works. These services are available for home owners, property owners, strata corporations, developers, architects, builders and manufacturers.

Seven Keys to having a successful building or renovation experience

A good design, with clear as well as correct detailing and specifications, all of which are understood by both the owner and the builder.
A clear understanding by the owner of what they want including finishes, and that they are documented in writing and understood by both parties.
A good, substantial, financially sound and experienced licensed builder, who operates with the correct license for the work being undertaken. Choosing the cheapest quotation may end up costing a lot more.
Only use a correctly licensed and fully insured builder or tradesmen and check the currency and scope of their licenses with the local licensing authority (e.g. the NSW Office of Fair Trading, phone: 13 32 20) , check their record (whether they have a non-compliance or problematic past), as well as obtain at least three references and follow them up.
Having the Building Contract and documentation (namely plans and specifications) issued to you checked by a legal specialist in building and law, and amended as necessary, so that it is 'fair to both parties' and legally enforceable. Also be sure you fully understand your responsibilities and obligations. A 'printed' Association's Contract is not necessarily fair to both parties.
An excellent relationship between the owner and the builder, with fairness, honesty, openness, mutual understanding, trust and excellent communication, especially if problems emerge. Try and solve any problems while they are small and constructively work through them together.
Engage an experienced Project Manager to protect your interests or have regular independent building inspections, especially to check the quality of workmanship (while good visual access is still possible) and at the time of progress payments claims. We suggest yo obtain legal advice before engaging a Project Manager. The Building Centre can assist you with the arrangement of the progress Building Inspestions.

To inquire about engaging any of the specialised, fee-based legal services listed here, or to book an appointment with the professional Legal Consultant, please complete Legal Advice services Request on-line, or call our inspections & consultations booking number (02) 8303 0545, or our general number 1300 884 876 Monday to Friday 9am to 5pm (AEST).

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Building Contracts

Don't get tied up by disadvantaged contract

Checking, recommending changes if necessary to protect you, the correct form of Building Contract, the latter of which includes plans and specifications. Below is of list of some of the areas in which the Legal Professional Consultant can assist.

Home building contracts
Fixed price contracts
Cost plus contracts
Small to large scale building works
Renovations and home extensions
Sub-contracting and Owner Builders
Commercial building works
Drafting special conditions of contract
Essential advice before signing contracts
Review of contract documents, terms and conditions of contract, specifications, bills of quantities, tenders, quotations, engineering drawings and architectural plans.

Contract Administration

Through the Legal Professional Consultant, we can arrange assistance, guidance, information and legal advice concerning building works before, during and after construction on:

Understanding contract documents, your rights and obligations
Contractor licenses and home owner's warranty insurance requirements
Implied terms of contract
Progress payments
Approval and certification of work
Variations to building contracts
Time periods for practical and final completion
Quality of construction and legislative warranties applicable to home building

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Help with or Dealing with a Dispute

When a building dispute occurs, legal advice to inform you of your rights and responsibilities is essential. Areas in which the dual-qualified (legal and building) Professional Consultant can assist you are:

Skilled and experienced informal dispute resolution, enhanced by the experience of dual qualifications of law and building science
Identification of items of defective and incomplete building work
A clear outline of the responsibilities of the builder, owner, material supplier, architect, engineer, private certifier, property developer, real estate agent, council and other authorities
The gathering of important evidence and the engagement of expert witnesses
The delicate determination and management of terminating your building contract
Advice on then contracting with another contractor
Quantum merit claims
Litigation within the Court

Expert Witness Assistance

When building disputes proceed to litigation it is essential that all available evidence be examined and documented by a specialist building consultant who appear as expert witness.

We can introduce you to expert witnesses who are experienced in the preparation of building reports for use in litigation, and can appear before the court for clients in the following areas of specialisation:

Home building - compliance with Australian Standards and the Building Code of Australia
Structural engineering
Mechanical engineering
Hydraulic engineering
Forensic accountants
Forensic architects
Quantity surveyors
Fire safety consultants
Project management consultants
Tiling Expertise (floors and walls)
Timber Expertise (floors)

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Legal Expertise

The highly experienced specialist Legal Professional Consultant with whom we work, who also has qualifications in building sciences, can assist either home owners, commercial builders, master builders, home builders, project managers, tenants, strata scheme boards, owner corporations, community management schemes, property developers, architects, engineers, building material manufacturers or suppliers with many legal matters involving: