Get expert, affordable legal advice
Building and construction law can be complicated, so when an issue arises, it can be hard to know where to turn.
MDL’s experienced Building and Construction Law team can work with you to provide the advice you need. As a member of major building associations, we understand the industry and tailor our advice specifically to your business’s needs.
We specialise in providing builders with:
- Contract administration
- Security of Payment Advice
- Advice on QBCC issues
Contract administration
Our experienced lawyers can work with your contract administrators to identify critical timelines (such as claims, schedules, etc.) so that they are flagged at appropriate times to ensure smooth sailing.
If you’re working with many subbies over an extended period, you’ll have identified a critical path for their involvement. With multiple sub-contracts and supplier contracts involved, you need an experienced partner to ensure that every timeline is pre-set, tracked, monitored, and co-ordinated to work together. This approach helps to maximise efficiency and cash flow for your business.
There are legal ramifications for the decisions that a contract administrator makes. That’s why it’s important that no details are missed in decision-making. We have the know-how to ensure that all contracts are on the correct terms for your business.
MDL’s experienced Construction Law team can assist you with:
- Fixed price construction contracts
- Engineer, Procure, and Construct contracts (EPCs, or Design and Construct)
- Engineering, Procurement, and Construction Management (EPCM) contracts
- Early Contractor Involvement (ECI)
- Alliance contracting
Security of Payment Advice
New legislation, The Building Industry Fairness (Security of Payments) Act 2017 (commonly referred to as the BIF Act), commenced on 17 December 2018, replacing the previous Building and Construction Industry Payments Act 2004.
Are you compliant?
The BIF Act imposes new processes and timeframes, together with penalties for non-compliance. If you are not aware of these timeframes, you may need to review your current payment systems to ensure compliance. We can conduct a comprehensive review with you.
MDL can assist you with preparing:
- Payment Claims
- Payment Schedules
- Adjudication Applications
- Adjudication Responses
- The review of an Adjudicator’s Decision to ensure that the Adjudicator:
- had jurisdiction to determine the Adjudication Application
- afforded procedural fairness to the parties
- did not make an error
- relied solely on the material presented to him or her by the applicant and respondent
Obtaining an Adjudication Certificate, which arises out of an Adjudicator’s Decision
Obtaining a judgment debt through the appropriate court, based upon an Adjudication Certificate
Advice on QBCC issues
MDL’s experienced Construction Law team can assist with all aspects of relations with the QBCC.
We provide advice on the powers of the QBCC so you better understand where you stand, including:
- How to deal with homeowner complaints
- QBCC directions to rectify
- QBCC penalties
- Homeowner’s warranty insurance claims and decisions
- Scope of works decisions, liability to pay and QCAT jurisdiction to review these decisions
- QBCC licencing including: nominees and supervisors, excluded individuals
- Minimum financial requirements
Get down-to-earth advice from a specialist construction law team
Start on the right foot and get advice from a dedicated building and construction law team.
For experienced advice and assistance with your building and construction law issue, contact McCarthy Durie Lawyers here or talk to us on 3370 5100.
