Building & Construction Law
There has been a dramatic rise in legal disputes in the building and construction arena in the past few years. Danny Saad, the principal of Prime Lawyers has come from a family of builders. This has given him the benefit of hands on experience in the Building and Construction field, in addition to his 13 years of legal experience. Daniel Riedstra, a senior associate at Prime Lawyers, holds a degree in Science (in addition to his honours degree in Law) which greatly assists his understanding of some of the more complex technical aspects in these types of cases.
Contested and Uncontested Defects
Building defects which are uncontested are dealt with by the Department of Fair Trading while contested building defects are dealt with by the Consumer, Trader and Tenancy Tribunal or an appropriate Court. There are many considerations that must be taken into account in any contested building defects matter and at Prime Lawyers, with the assistance of our range of experts as outlined above, we have the knowledge and experience to ensure that nothing is overlooked.
Progress Payments
The Building and Construction Industry Security and Payment Act entitles providers of construction work or goods and/or services to be paid in accordance with progress dates specified within the construction contract. When progress payments are not made, rightfully or wrongly so, disputes can arise. Our building and construction solicitors are experienced in this niche area of law and can assist you whether you are owed or owe money.
Residential Building Disputes
Building disputes will often “hurt” smaller builders and tradesmen more than large construction companies. Builders or tradesmen will often lodge claims with the Court for overdue payments and will regularly have to deal with cross claims of alleging defective and/or incomplete work.
The expense of taking a matter to Court can sometimes outweigh the benefits of the overdue payment being sought. At Prime Lawyers we ensure that we always act in the best interest of our client. We will let you know the best and worst possible outcome of your matter before we commence any substantial work.
Building Law Quick Tip: Cooling Off Period
It is possible for a person to rescind a contract (i.e. as though the contract was never in effect) for residential building work within five (5) days after the person is given a copy of the contract. This cooling off period may be shortened or waived entirely if a condition is put in the contract outlining this and is explained to both parties.
If a contract is rescinded and the builder has already commenced work, it may be possible for the builder to recover a reasonable price for the work.
The above is only a very brief introduction into some issues that arise in Building and Construction Law. There are a number of other areas of building law which may be relevant to you such as mediation, contracts advice, insurance claims and home warranty claims. We are your single point of contact for any building law issue.
Author Bio: Danny Saad has many years experience in Building Construction Law working with the experienced Property Lawyers at Prime Lawyers in Sydney.
Category: Legal
Keywords:
