Building & Construction

As a business owner, contractor or subcontractor, you want common sense, practical, legal advice from someone who understands the building and construction industry. 

The McKays building and construction team is a specialist group that provides plain language and practical advice on all issues that arise within the construction industry.  We have close ties with industry groups and trade associations and we provide advice that is practical, affordable and is focused on outcomes.

Our lawyers have over 70 years combined experience across a range of issues that can arise in the construction industry, from large scale developments and infrastructure projects to smaller construction projects, subcontracts and residential construction disputes.

We can provide advice on each stage of your construction matter from negotiating tenders and contracts, to contract administration, recovering payments and dealing with regulatory matters.

Our areas of expertise include:

Our experience covers the full range of matters and issues that can arise in the construction industry, including:

• Advising on, preparing and negotiating tenders and contracts – including risk identification, allocation and mitigation
• Advice on contract administration to help prevent disputes before they arise, including training for your staff in how to properly administer a contract.
• Assisting with recovering payments and/or defending claims brought under the Security of Payment system, from the drafting of the payment claim right through to the Adjudication process.
• Appearing on behalf of clients in the Queensland Civil and Administrative Tribunal in relation to commercial and building disputes and administrative reviews.
• Advising on all matters under the authority of the Queensland Building and Construction Commission (QBCC) including on licencing issues, defective work, statutory insurance scheme, disciplinary proceedings and reviewing decisions of the QBCCC. .
• Securing payment of debts pursuant to the Subcontractors’ Charges Act.
• Advising on all aspects of residential construction disputes, including dealings with the QBCC.
• Advising on asset protection and business structuring.

We understand the special needs of different types of contractors, and work closely with the members of the following associations:

• Electrical and Communications Association (ECA)
• Master Electricians Australia (MEA)
• Master Painters Association Queensland (MPA)
• Master Plumbers' Association of Queensland (MPAQ)
• National Fire Industry Association Queensland (NFIAQ)
• Air-conditioning and Mechanical Contractors Association (AMCA)
• Metal Roofing Industry Association of Queensland (MRIAQ)
• Master Concreters' Association of Queensland (MCAQ)

Expertise

• Assisting contractors with recovering payments and/or defending claims brought under the Payment Claim system process, from the drafting of the payment claim right through to the Adjudication process.
• Appearing on behalf of clients in the Queensland Civil and Administrative Tribunal in relation to both commercial and/or building disputes.
• Advising in relation to QBCC licencing issues and QBCC policies, including defending any prosecutions brought by the QBCC against contractors.
• Securing payment of debts pursuant to the Subcontractors’ Charges Act
• Advice in relation to all aspects of construction contracts from the tender/negotiation phase right through to the drafting and execution.

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