Expert Building & Construction Law Guidance
No matter the size or value of your building or construction project, Heathfield Grosvenor’s experienced building and construction lawyers can provide tailored advice and assistance.
Our experienced Sydney building lawyers provide assistance across a range of matters including engagement of your project team, contract preparation, negotiation, documentation, and administration as well as dispute resolution and debt recovery in the event things go wrong.
Our Building & Construction Law Expertise
Property developers: Advice and guidance for property developers on a range of commercial matters including contracts, compliance, and disputes.
Building dispute resolution: Negotiation and resolution of disputes between builders and owners intended to find cost-effective, favourable outcomes.
Strata matters: Guidance for strata companies and strata occupants on a range of strata matters relating to building quality and maintenance.
Contract drafting & negotiation: Advice in drafting, reviewing, and negotiating building and construction contract terms.
Construction & building mediation: Assistance with mediating and negotiating a range of building and construction law disputes between builders and owners.
Construction & building litigation: Representation of builders and property owners across a range of litigation matters pertaining to construction and building.
Specialists in Negotiation & Documentation
Specialists in negotiation and documentation for commercial and residential building and construction law matters. Whether you’re a homeowner, developer, or a builder, a well-drafted, legally binding contract is an essential part of any construction project.
Even in cases where you use a standard building contract, seeking legal advice from building and construction lawyers ensures that you are adequately prepared, and your interests are protected. Each project requires a unique approach and careful consideration, so it’s important to have contracts adequately prepared and amended to suit the circumstances of your building and construction project. Our experienced building and construction lawyers can engage in contract negotiations on your behalf with the goal of protecting your best interests and effectively mitigating the risk of possible future disputes.
Building and Construction Dispute Resolution
Things don’t always go to plan. In matters that result in disputes, our experienced building and construction lawyers provide expert and guidance.
We adopt a resolution-first approach to ensure timely, cost-effective legal solutions in the case of a dispute. By prioritising mediation and alternative dispute resolution, we aim to effectively mitigate costly litigation and ensure a fast, cost-effective, and favourable outcome for our clientele.
If the event that litigation becomes unavoidable, our building and construction lawyers will advocate on your behalf in a manner consistent with our objective of offering effective and affordable legal solutions.
Whatever strategy is pursued, our building and construction solicitors will take the time to understand your circumstances and your objectives to seek the best possible outcome. Our thoughtful planning and careful approach combined with substantial experience in matters of building and constriction litigation facilitates a fast, cost-effective outcome.
Frequently Asked Questions
What are the most common construction disputes in NSW?
Common disputes include payment claims and progress payment disputes, defective workmanship, delays and extensions of time, variations to the contract scope, liquidated damages, and termination of construction contracts. Many arise from poorly drafted contracts or inadequate contract administration.
What is the Security of Payment Act in NSW?
The Building and Construction Industry Security of Payment Act 1999 (NSW) provides a fast-track mechanism for contractors, subcontractors, and suppliers to recover progress payments. A claimant can serve a payment claim and, if the respondent fails to pay or serve a payment schedule, apply for adjudication within strict timeframes.
What is adjudication in a construction dispute?
Adjudication is a rapid dispute resolution process under the Security of Payment Act. An independent adjudicator determines the amount payable within days or weeks. The determination is temporarily binding and enforceable as a judgment debt, even if the underlying dispute has not been finally resolved.
How do I respond to a defective works claim?
You should obtain independent expert evidence on the alleged defects, review your contract obligations and any relevant standards, and assess whether the defects were caused by your work or by factors outside your control such as design errors or owner-supplied materials. HG Law advises on defect disputes for both principals and contractors.
Do construction contracts need to be in writing?
Most significant construction contracts should be in writing to avoid disputes about scope, price, variations, and payment terms. The Home Building Act 1989 (NSW) requires residential building contracts over $5,000 to be in writing. For commercial construction, written contracts are strongly recommended regardless of value.
Professional and on time. Our lawyer is a person of high integrity and is genuinely committed to helping us achieve our goals. If Chris Chang leaves the firm, we will follow him. All aspects of their work were performed at an exemplary standard — skill, timeliness and client service. Good practical advice speedily given and implemented. Responsiveness, quality, professionalism and value. Highly recommend working with Chris — responsive, professional and outcome-focused, and very well-priced given the exceptional quality of work. Chris Chang always responded very promptly. Heathfield Grosvenor have no areas in which they could improve — our experience was nothing but positive. Professional and diligent in their research, prompt and timely in their responses. I achieved a favourable outcome. Highly professional, diligent, and trustworthy services. Chris went above and beyond — and truly cares about his clients. Chris provided excellent advice and great service. I would highly recommend. They made the process seamless for us. Very professional and very knowledgeable in their field. Chris Chang goes above and beyond to get the desired results. Their pricing is fair and you don't feel like you're constantly on the clock. Very professional service and top quality advice — quality, professionalism and value. Excellent and timely advice, professional handling of all issues. All was good, easy communication (we are from Italy), efficient support, fast procedures. Understood exactly the issue and resolved it right away. Made sure I did not include unnecessary expense in pursuing my litigation for a broken contract.Testimonials
