Construction law falls into two main categories: non-contentious and contentious.
On the non-contentious side, we are involved in negotiating contracts and general procurement, before the actual construction work begins.
Construction law becomes contentious when something goes awry, for example, the project is running late, or terms of the contract have been breached. The contracts drawn up at the procurement stage will set out how any disputes should be dealt with, and usually in an effort to minimise costs it is resolved through adjudication, or arbitration. If a case does go to court, we have the strength and depth to handle even the largest scale, most complex litigation.
At Effective Legal Solutions we can assist with contractual advice, contractual terms, development agreements, adjudication and arbitration, as well as the drafting of formal documentation relating to construction projects.
We can advise on all aspects of construction contracts and the drafting of formal documents, including:
- Construction contracts and professional appointments – drafting, negotiating and advising on all standard and bespoke forms of contract.
- Joint venture & business negotiation
- Professional liability & negligence
- Breach of Contract Disputes – Formulation of contractual claims or responses to claims
- Advice on Development Applications Local Council and Land & Environment Court
- Building & Construction Industry Security of Payment Act
- Insurance claims advice and Home warranty claims
- Alternative Dispute Resolution processes mediation, conciliation, expert determination and arbitration
- Consumer and home building claims, including representation in the Consumer, Trader & Tenancy Tribunal (NCAT) and the courts
- Construction litigation in the NSW Tribunal system and Court System
- Advice on builder insolvency issues
- Home Building Act 1989
- Risk management
- Debt recovery
- Insolvency & bankruptcy
- Claims resolution
We can work with Public and private sector clients at every level of the development and delivery of complex infrastructure, construction and engineering projects. We also advise on disputes under all forms of construction dispute resolution.
Effective Legal Solutions has extensive experience in adjudication and arbitration proceedings, and understands the level of proof required in breach of contract claims, extensions of time, liquidated damages, the valuation of loss and expense and prolongation.
If you have any questions, or to schedule an initial consultation, call 1300 977 546.