Building & Construction
- Building & Construction
Our constructions law services include:
- Building Contracts - reviews of contracts, drafting and negotiation of contracts, advice and representation in contractual disputes
- Advice on statutory rights, obligations and remedies relevant to the construction industry
- Asset protection - protecting your assets to ensure you won't lose everything you own if things go wrong
- QBCC licencing and infringement issues
- Project Bank Account requirements
- Queensland Building and Construction Commission (“QBCC”) home warranty claims – for defective and/or incomplete building works
- Payment Claims and Adjudication process under the Building Industry Fairness (Security of Payment) Act 2017 (“BIF Act”) which replaced the Building and Construction Industry Payments Act 2004 (“BCIPA”)
- Advice and legal representation in regards to payment disputes
- Advice and legal representation in QCAT (Queensland Civil and Administrative Tribunal) building disputes
- Subcontractors’ charges to secure payment
- Workplace health and safety issues relevant to the construction industry
- Advice and representation in construction contract negotiations, including in the preparation of tender documents.
- Drafting of special conditions
- Advice and assistance in making or defending complaints to the QBCC in respect of defects, incomplete works and Queensland Home Warranty Insurance
- Advice on contractual matters including default and breaches of contract, defects, retentions, variations, extension of time claims, termination and other matters
- Advice and representation in construction related disputes and dispute resolution including mediation, adjudication, statutory demands, debt recovery and Court or Tribunal proceedings
- Assistance with the BIF Act payment claim and adjudication process, including preparation of payment claims/ schedules and adjudication applications/responses
- Advice and representation in QCAT proceedings in relation to both commercial and/or domestic building disputes
- Advice and representation in the review or appeal of QBCC decisions and defending QBCC prosecutions in respect to directions to rectify, licencing issues, defects, disciplinary actions and more
In December 2018 the Queensland Government introduced amendments to the minimum financial requirement (“MFR”) laws for QBCC contractor grade licensees. Key changes include the re-introduction of mandatory annual financial reporting for all licensees, clarification as to the treatment of certain ..
Here is a common scenario we see all the time in the construction industry. You enter into a construction contract which has specifications that require you to install a particular product, for example, a bath, air-conditioning system, a fire collar or whatever. You go out and buy the sp..
New Security of Payment provisions finally to come into effect – but next stage of Project Bank Accounts pushed back
The Queensland government has announced that the Security of Payment provisions of the Building Industry Fairness (Security of Payment) Act (BIFA) will commence on 17 December 2018. This will mean significant change for those in the building and construction industry. A..
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 ..