Get expert, affordable legal advice
As a sub-contractor or supplier in the building industry, it’s important that you get paid in full and on time. Yet you are often at the “bottom of the food chain”.
If a building dispute does arise, MDL’s experienced Building and Construction Law team can work with you to provide the advice you need.
We specialise in providing suppliers and sub-contractors with:
- Pre-contract advice
- Security of Payment Advice – How to get paid quickly
- Advice on QBCC issues
Pre-contract advice
Winning a new job is great, but entering into a new sub-contract can be a daunting prospect. MDL can work with you to help you completely understand any new contracts you are about to sign.
The building and construction industry has specific requirements that are unlike any other industry. Our experienced lawyers can provide you with the right legal advice, combined with industry know-how.
Our comprehensive contract reviews detail the risks associated with the contract and outline any amendments we suggest be made. Knowing exactly what you are signing can avoid costly disputes as the project progresses.
Security of Payment Advice – How to get paid quickly
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. MDL can help you to use the new legislation to get paid quicker. If you are not aware of the new timeframes, we can conduct a comprehensive review with you so you can be in the best position to use the new legislation to your advantage.
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
- has 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.
