Building Disputes

Disputes between builders and homeowners can arise for a number of reasons from payment to defects, and typically a combination of the two issues. The Home Building Act 1989 (NSW) governs these disputes and provides for building disputes to be heard through court proceedings or tribunals such as the NSW Civil and Administrative Tribunal.

We represent homeowners, builders and other professionals making or defending claims regarding building disputes. It is important to obtain advice early in these disputes to ensure you do not contravene any obligations you may have under the contract. Early advice can also assist in settlement negotiations and reducing the costs for both parties in the long run.

Contact our Anastasia Marrone for further information.

Construction Law

Disputes can often arise between principals, head contractors and subcontractors in relation to payment. The Building and Construction Industry Security of Payment Act 1999 (NSW) governs the payment process in parallel with any construction contract or arrangement which may be in place. The idea of this legislation is to promote regular cash flow to subcontractors and provide for strict time frames which must be complied with in order to gain protection under the Act.

We can assist with the preparation of payment claims, payment schedules, adjudication applications, adjudication responses, challenging or setting aside adjudication determinations or enforcing adjudication determinations.

If you are ever served with a payment claim, payment schedule or an adjudication application it is extremely important to obtain legal advice quickly. There are strict time frames to be adhered to and failure to comply can result in being precluded from defending a claim against you.

On the other hand, the strict time frames in this legislation can be utilised to your benefit if you are owed money from a builder, developer or other commercial entity.

Contact our Anastasia Marrone for further information.