Building & Construction
- Building & Construction
Our experienced building and construction team provides plain language and practical advice on all issues within the construction industry. We have close
ties with industry groups and trade associations and will provide advice that is affordable, practical and focuses on outcomes.
Because our team has years of experience within the industry and has strong relationships with important stakeholders within it, such as the QBCC and Master Builders, you don’t just get our expert building and construction lawyers working for you, but you also get access to their connections within the industry.
Our areas of expertise include:
- Advice on contracts - whether to sign them, how to get out of them, how to negotiate changes and how to avoid costly disputes before they arise
- Asset protection - protecting your assets to ensure you won't lose everything you own if things go wrong
- QBCC licencing issues
- QBCC home warranty claims – defective and/or incomplete works
- Payment Claims and Adjudication
- Payment disputes
- QCAT (Tribunal) building dispute process
- Subcontractors’ charges to secure payment
- Workplace health and safety issues
- Utilising the BCIPA Payment claim system to assist contractors with recovering payments or in defending claims, 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 domestic building disputes.
- Advising in relation to QBCC licencing issues, directions to rectify, infringement notices and policies.
- Assisting homeowners in QBCC Home Warranty Insurance claims for defective and incomplete works.
- Advising contractors in relation to QBCC Home Warranty Claims.
- 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.
Owners of private and local government buildings in the Mackay region must meet new state-wide obligations to undertake a mandatory three stage process to identify if a building has ‘combustible cladding’. Under the new process, if a building is found to have combustible cladding, owners mus..
Beware when signing Form 15 – you may be personally liable In a recent case the Queensland Court of Appeal held an engineer personally liable for signing an incorrect Form 15 (compliance certificate for building design or specification). The exact damages payable are yet to be decided but co..
A recent decision of the Supreme Court* has provided a guidance as to the extent to which an adjudicator is required to give reasons for an adjudication decision pursuant to the Building and Construction Industry Payments Act 2004 (Qld) (‘the Act’). Hyatt Ground Engineering Pty Ltd (‘Hyatt’)..
A New South Wales security of payment case could be an indicator of how Queensland security of payments legislation may be interpreted by the Queensland courts. For a payment claim to be valid there must be a reference date… The High Court, in its first decision dealing with..
Do you lease equipment (either formally or informally) to clients and friends? What about that cement mixer or excavator you let your mate borrow over a year ago? If yes, you need to consider the Personal Property and Securities Register (“PPSR”) to ensure you are able to get your equipment..
The QBCC has recently released a statement confirming their approach to defective building works and the issuing of Directions to Rectify. Whilst it is good news when the QBCC clarifies their position on such an issue, this particular news may not be good for builders. QBCC may now..
The recent tragedy at the Grenfell Tower in London highlights the importance to contractors of the risks and dangers in utilising non-conforming products. Grenfell Tower was a public housing building, with over 129 flats. It has been revealed in the weeks following the tragedy that zinc cla..
Do you understand how superannuation payments are calculated? Reading this could save your business thousands…
Superannuation is complicated and it’s not surprising that businesses can get it “super wrong”. Your business could be paying too much super, or too little. Read on to find out more… We have advised small, medium and large businesses for many years. The two common mistakes that busin..
Did you know that the reinstatement of the ABCC has dramatically changed contractual obligations and tendering requirements for Commonwealth funded projects? Did you also know that it impacts on security of payment issues? To date, there has been a great deal of attention placed upon t..
The Queensland Department of Housing and Public Works is currently considering changes to the building certification regime. Under Queensland’s current model, customers can seek certification services from a range of licensed and accredited private building certifiers or from their loca..
With the recent liquidations of a number of building companies, it is timely to discuss what can happen when a Liquidator attempts to claw back money paid by that company as an unfair preference payment. The Corporations Act 2001 provides the basis for all claims of unfair preferences. Thank..
Recent changes have expanded the scope of the Queensland Home Warranty Scheme (QBCC insurance scheme)
These changes largely benefit consumers and will require some contractors to pay premiums for building works which they have never had to pay for before. What are the changes to the Home Warranty Scheme? The QBCC insurance scheme has been expanded to include coverage for the following w..
ABCC restored and non-code compliant enterprise agreements can continue to tender for government work up to November 2018
The Senate has passed the Government’s legislation to re-establish the Australian Building and Construction Commission (ABCC). Having done so, businesses within the construction industry should review their contractual arrangements with contractors and subcontractors, and any current enterprise ..
Recent amendments to the Workers Compensation and Rehabilitation Act 2003 (Qld) significantly affect indemnity clauses in service agreements. The amendment is especially important for contractors and labour hire businesses that use or supply labour into the mining and construction industries. ..
On 12 November 2016, new unfair contract laws come into force. They offer opportunities for contractors but also pose some risks. Contracts affected The new laws apply to certain ‘standard form contracts’ entered into on or after 12 November 2016. The laws also apply to any terms of exist..
Labour hire businesses face a dilemma when the relationship between the labour hire business’s worker and host employer breaks down to the extent that the host employer demands that the worker is removed from site, or even revokes the permission for that worker to attend at the site. In the ..