Construction Law

Construction law is not a single discipline. It is a complex ecosystem of contractual, technical, regulatory and commercial challenges, and we provide end-to-end legal and technical services for every stage of a project's lifecycle, from pre-contract advice through to international arbitration.

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Contract Services

Identify and neutralise risks before they germinate, with ongoing administrative support that preserves your contractual rights throughout the project.

Service Description View
Contract Review & Advice Thorough review of AS4000, AS2124, AS4902, ABIC, MBA, HIA, FIDIC, NEC4 and bespoke contracts. Fixed-fee options available. View
Domestic Building Contracts Specialist advice for homeowners and residential builders under Queensland, NSW and Victorian legislation. View
Commercial Contract Drafting Bulletproof head contracts, subcontracts, joint venture agreements, consultancy agreements and bespoke construction agreements. View
Contract Administration Ongoing practical support, templates, flowcharts and procedures for payment claims, EOT claims and rights-preserving correspondence. View
Construction Negotiation Principled negotiation for contract settlements, variation agreements, acceleration proposals and commercial resolutions. View

Dispute Resolution & Litigation

When relationships break down, we resolve conflicts efficiently and cost-effectively, using the most appropriate mechanism for your specific circumstances.

Service Description View
Building Dispute Resolution Residential and commercial disputes across Australian forums, from regulator complaint pathways and tribunals to Supreme Court litigation. View
Construction Litigation Expert representation in state and territory tribunals, intermediate and Supreme Courts, and appellate courts. View
Debt Recovery Multi-pathway pursuit of unpaid debts through SOP adjudication, subcontractors' charges, statutory demands and court proceedings. View
Security of Payment Payment claims, payment schedules, adjudication applications and enforcement under state and territory security-of-payment legislation. View
Adjudication Fast-track statutory adjudication of payment disputes under state and territory security-of-payment legislation. View
Mediation Facilitated negotiation with an independent mediator to achieve binding settlement agreements. View
Arbitration Private, binding dispute resolution under ACICA, ICC and UNCITRAL rules. View
Expert Determination Binding technical determination by an independent expert for discrete disputes. View
Contract Termination Strategic advice on termination for convenience and termination for cause, including wrongful termination defence. View

Claims & Technical Services

Where our dual qualifications as engineer-lawyers deliver their greatest advantage: we perform the delay analysis and quantum work ourselves.

Service Description View
Claims Preparation Variation claims, EOT claims, delay and disruption claims, prolongation claims and acceleration claims. View
CPM Delay Analysis Critical Path Method analysis using Primavera P6, P3 and MS Project for prospective and retrospective delay claims. View
Project Recovery Rapid intervention to stabilise troubled projects, protect entitlements and chart a path back to profitability. View
Insurance Claims Defects and rectification claims, contract works insurance, professional indemnity claims and policy interpretation. View
Defects Claims Structural and non-structural defect claims, warranty disputes and rectification cost recovery. View
Delay & Disruption Claims Quantification of extended site overheads, reduced productivity and acceleration costs. View
Variations Claims Substantiation and valuation of directed and constructive variations under all major standard forms. View
Liquidated Damages Defence against excessive delay damages and advice on enforceability of penalty clauses. View
Practical Completion Advice on certification, defects liability periods, final account and release of security. View
Subcontractors' Charges Direct charge over money owed by principals to head contractors under Chapter 4 of the BIF Act. View

Advanced Legal Services

Our Advanced Legal Services practice addresses the most complex and sophisticated construction law matters.

Service Description View
Expert Witness Services Independent expert evidence on delay, quantum, construction methodology and defects. View
International Arbitration Cross-border disputes under LCIA, SIAC, ICC and UNCITRAL rules. View
Cross-Border Disputes Governing law, jurisdiction and enforcement of awards across international borders. View
Supreme Court Litigation High-value, complex construction disputes in state Supreme Courts. View
Federal Court Litigation Matters arising under Commonwealth legislation and corporations law. View
District Court Litigation Medium-complexity construction disputes and appeals from lower courts. View
County Court Litigation Victorian construction disputes and debt recovery proceedings. View
VCAT Representation Victorian Civil and Administrative Tribunal for domestic building and planning disputes. View
QCAT Representation Queensland Civil and Administrative Tribunal for domestic building disputes (no monetary limit) and commercial building disputes generally up to $50,000. View
NCAT Representation NSW Civil and Administrative Tribunal for residential building and strata disputes. View
SACAT Representation South Australian Civil and Administrative Tribunal for building disputes. View
ACAT Representation ACT Civil and Administrative Tribunal for building and construction disputes. View
SAT Representation State Administrative Tribunal (SAT) for building and construction disputes in Western Australia. View
NTCAT Representation Northern Territory Civil and Administrative Tribunal for building and construction disputes. View
Home Warranty Claims Statutory insurance claims under Queensland, NSW and Victorian home warranty schemes. View
Builder Insolvency Advice on statutory demands, winding-up proceedings and creditor protection. View
HIA Contracts Review, drafting and dispute resolution for Housing Industry Association contracts. View
ABIC Contracts Architect-administered building contracts for major and minor works. View
Training & Mentoring Bespoke in-house education for contract administration, claims preparation and dispute avoidance. View
QBCC Matters Licence applications, show cause responses, disciplinary hearings and licence restoration. View

Nationally Available and Jurisdiction-Specific Services

Our national construction-law services are available through each office. Court, tribunal, regulator and statutory-process pages are published only for the jurisdictions in which those institutions and procedures apply.

Nationally Available Legal Services

Contract drafting and review, claims analysis, negotiation, mediation, expert coordination and litigation strategy are available through our Brisbane, Sydney, Melbourne, Perth and Darwin offices. Select a city to view location-specific guidance, local legislation references, and direct contact details for that office.

Jurisdiction-Specific Statutory and Forum Services

Court, tribunal, regulator and security-of-payment services depend on the jurisdiction of the project and the dispute. The principal institutions for each office location are:

Location Jurisdiction Tribunal Principal civil courts Building regulator
BrisbaneQueenslandQueensland Civil and Administrative Tribunal (QCAT)Magistrates Court; District Court; Supreme CourtQueensland Building and Construction Commission (QBCC)
SydneyNew South WalesNSW Civil and Administrative Tribunal (NCAT)Local Court; District Court; Supreme CourtBuilding Commission NSW
MelbourneVictoriaVictorian Civil and Administrative Tribunal (VCAT)Magistrates’ Court; County Court; Supreme CourtBuilding and Plumbing Commission (BPC)
PerthWestern AustraliaState Administrative Tribunal (SAT)Magistrates Court; District Court; Supreme CourtBuilding Commissioner / Building and Energy
DarwinNorthern TerritoryNorthern Territory Civil and Administrative Tribunal (NTCAT)Local Court; Supreme CourtBuilding Practitioners Board and relevant NT building authorities

Industry

Deep sector knowledge combined with hands-on project experience across Australia's most demanding construction sectors.

Service Description View
Commercial Building Law Commercial building construction disputes: office towers, retail centres, hotels and mixed-use developments, defects, delays and variations. View
Residential Building Law Residential building disputes: domestic building contracts, defects claims, strata and common property issues, home warranty insurance. View
Industrial Construction Law Industrial construction lawyers for warehouses, plants and logistics facilities. Slab, racking, fire safety and delay disputes. View
Renewables & Energy Law Wind, solar, BESS, geothermal and hybrid project contracts, claims and disputes. View
Wind Farm Law TSA, BOP and performance disputes for onshore and emerging offshore wind projects. View
Solar Farm Law Utility-scale PV, EPC disputes, inverter performance and grid connection matters. View
BESS Energy Storage Law Battery storage performance, thermal management, fire safety and FCAS disputes. View
Mining & Resources Law Mining and resources construction disputes: EPC/EPCM claims, camp infrastructure, tailings, ramp-up testing and security of payment. View
Defence Construction Defence construction disputes: ASDEFCON contracts, security clearance issues, Commonwealth procurement, delay claims and security calls. View
Transport Infrastructure Law Rail, road, tunnel and bridge construction disputes, alliance and D&C contract claims, utility relocation and CPM delay analysis. View
Water Infrastructure Law Water infrastructure construction disputes: dams, desalination, treatment plants, pipelines, DBO contracts and performance testing claims. View
Engineer, Construct & Operate Law Engineer, Construct and Operate (ECO, DBO, DBOM) disputes, performance guarantees, availability KPIs, handback and abatement claims. View
Corporate Company Formation and Joint Venture Law Company formation and joint ventures for construction: incorporation, consortiums, conglomerates, JV agreements and SPVs. View
Complex Shareholder Deed Law Complex shareholder deeds for construction businesses: shareholder agreements, trusts, JVs, director duties and exit mechanisms. View

Ready to Get Started?

Book a free consultation with our engineer-lawyers today. Fixed-fee options available for many services.

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