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Those who work in the building and construction industries understand the importance of the legal and technical aspects of building contracts. No matter how big or small, contracts need to be navigated with care. Whether you are working in residential or commercial construction, it is important to understand and protect your legal rights.

The building lawyers at Maguire & McInerney are industry and risk management specialists, with in-depth knowledge and understanding of the construction and engineering industry.

The changing nature of the building business, as well as the number of circumstances which can impact a project, often means that a plan’s timeline, quality or scope can be affected. This can lead to complex legal disputes, which require the expertise of an experienced construction lawyer.

Building Contracts

Creating effective building contracts is essential, regardless of the size of the project. Well-drafted contracts protect the rights of contractors, sub-contractors, business owners and homeowners. In fact, many building disputes occur due to poorly drafted agreements.

Building contract administration also clarifies any legal responsibilities and obligations for the parties involved, and reduces time managing building disagreements. At Maguire & McInerney, we focus on drafting effective contracts, including additions and amendments, which mitigates risk to our clients and provides them with peace of mind.

We can also advise on the merits of specific inclusions within building contracts, dealing with risk and responsibility allocation, liabilities and insurance, delay and extension of time, payment terms, provisions for quality and inspection, and processes which may lead to disputes.

Building Contract Dispute Resolution

There are several factors that can influence the building and construction process, including site and safety issues, building delays due to protracted government approvals, or other unforeseen circumstances. This can lead to variation, defects and time-related conflicts.

All business owners working in the building, engineering and construction industries should have a clear dispute resolution process, and contracts prepared by experienced building and construction lawyer to ensure that you are protected.

We can assist with building contract dispute resolution and advice to help you minimise risk. Whether you are contesting a home building dispute or a disagreement from a commercial client, we can arm you with sound legal advice and representation so you can arrive at a prompt resolution.

Advice for Property Developers

Property development is an exciting yet challenging industry, full of opportunities. Equally, it can be fraught with risks, especially if developers do not seek sound legal advice when it comes to property-related issues.

Our experienced lawyers can assist with property development advice, such as the proper structuring of complex transactions, litigation, government-related issues, tax-related matters and development agreements.

Other Building and Construction Services

It is critical that professionals in the building and construction industries know how to navigate administration and make claims successfully, so they can deal with challenges swiftly and focus on the growth of their business.

We can provide expertise in the following areas and more:

  • Security of Payment claims and defences
  • Claims resolution
  • Building defect claims
  • Construction mediation
  • Insurance claims advice
  • Joint venture agreements
  • Advice on business structures
  • Development applications for local council and the Land and Environment Court
  • Debt recovery
  • Insolvency and bankruptcy
  • Other major construction and contract claims
  • Hiring and advising sub-contractors
  • Engineering consultancy contract advice
  • Project risk analysis

Our Approach to Building and Construction Law

When it comes to building and construction law, Maguire & McInerney is not afraid to take a strong approach that is firmly focused on delivering results, whether that is assisting with project initiation and development, documentation, support or dispute resolution.

Our team serves Wollongong and the greater Illawarra region and extends to include some of the best-accredited building and construction lawyers and building consultants in Australia.

Our construction lawyers are known for their commitment to their clients, as well as their strong litigation skills and deep knowledge of the latest outcomes in building and construction litigation.

Our role is to help clients navigate regulatory changes and overcome industry challenges. We explain the potential risks and relate legal outcomes back to commercial realities.

We focus on minimising risk and ultimately enhancing profits. This approach cuts through the critical issues to deliver pragmatic solutions to professionals in the building, construction, engineering and property fields.

We have vast experience in conciliating the settlement of disputes rather than allowing such difficulties to lead to litigation. However, if a dispute has to be determined in Court, our experience in the Consumer, NSW Civil and Administrative Tribunal NCAT, and Local and District Courts, will be instrumental in advising and prosecuting such matters.

If you need advice on a building and construction law issue, or you’d like to learn more about our services, please get in touch with our top construction lawyer, Alyce Fisher.

To seek building and construction legal advice, or to start pursuing legal action, contact us today.

Steps To Get Started

Reach Out

Whether it’s phone, email, or dropping by our Wollongong office, book a date to sit down with one of our team.

Make a Plan

Understanding where you are coming from, and what you are looking to achieve means that our lawyers can craft the best course of action.

Take Action

Whether it’s litigation or mediation, our team of experts have decades of experience in and outside of the courtroom and are committed to reaching the best possible outcome.

FAQ’s

Mediation can indeed be effective in complex construction disputes. It encourages open dialogue and collaborative problem-solving, making it a viable option for resolving even the most intricate disputes. However, in some cases involving significant legal complexities, fraud, or unwilling parties, litigation may be necessary as a last resort.

Yes, a contract can be cancelled or terminated, but there may well be adverse consequences if that contract has not been carefully drafted in the first place.

Legal counsel plays a crucial role in construction dispute resolution by explaining the pros and cons of each resolution method, helping clients understand their legal rights and obligations, and advocating for clients’ interests during negotiations or court proceedings. Collaborating with Maguire & McInerney’s experienced lawyers can lead to more informed decisions and effective dispute resolution.

Taken out by the builder prior to works being commenced, the costs and coverage of Home Owners Warranty Insurance are passed on by the builder to the owner.

When claiming within the effective period, homeowners should promptly notify their insurer and solicitor, and follow the designated claims process outlined in their policy, as this can differ between insurers.

Construction law involves the contracts, planning, engineering, building and permissions involved with a construction project, whether that be residential, commercial or industrial.

A building contract is a signed legal document between client and contractor, designed to protect both parties and clearly outline the responsibilities of each.

It is required for projects over $20,000, which includes newly constructed residential properties as well as those undergoing substantial renovation or alteration.

Our Building & Construction Law Team

Alyce Fisher

Senior Associate

Mark McDonald

Partner

Lewis Bonney

Solicitor

We’re here to help.

Enquire online, or call us today, and we will help you explore all your options. Your enquiry is completely confidential.