Building and Construction
WGC Lawyers can assist in many areas of building and construction law, including:
Contract law:
The contractual process can be complicated, especially if factors such as special conditions and administration are also required. Appoint an experienced WGC lawyer to guide you through the process of preparing, understanding and administering a contract.
Project delivery agreements:
When beginning a project, it’s essential to have clearly defined parameters determining the key aspects of project delivery, including timelines. Consulting a lawyer can be essential to determine that you are able to deliver a project in accordance with an agreement and in line with legal requirements.
Joint venture agreements:
When two or more parties decide to conduct a business or project together and pool knowledge, skills and resources this is considered a partnership or a joint venture. Understanding the differences and requirements of such arrangements, including tax and other financial details, is imperative in order to comply with legislative requirements, achieve your goals and secure your position.
Supply agreements:
Entering into a written agreement that regulates suppliers of goods and services to your business is preferable to ensure that both parties deliver on their legal requirements. A WGC lawyer can assist you with the specific details of the agreement so that it is legally accurate and binding.
Consultancy agreements:
Working with specialised and experienced consultants on projects or in your business can improve your product, productivity and output. However, failure to create a legally binding consultancy agreement can lead to confusion, disputes, and underperformance which may leave you out of pocket. Obtaining specialist legal advice before embarking on a consultancy agreement can prevent such situations arising and ensure that all stakeholders are aware of their obligations and responsibilities while operating to best practice.
Advising and assisting with claims:
If you have a claim to make regarding a building or construction issue or you are defending a claim brought against you, be sure to consult with a lawyer to guide you through the sometimes complex claim processes.
Litigation:
Appoint a WGC lawyer to advise and assist you with litigious matters or matters which may become litigious. Obtaining advice and assistance early can bring about a negotiated resolution and avoid proceedings being commenced. If proceedings are commenced, we can advise and assist you with the whole litigation process from pleadings, mediations, expert evidence, trial and enforcement.
Arbitration and mediation of disputes:
Litigation Director Doug McKinstry is an accredited Queensland Law Society mediator so you can be confident in the knowledge that WGC can expertly guide you through any arbitration and mediation process you become involved in.
Liquidated damages and delay claims:
A delayed project can cause stress as well as financial hardship on all those involved, especially if it involves the levying of liquidated damages by a superior contractor. Work with legal specialists for quality advice on this complex and potentially problematic aspect of the law.
Defective or incomplete work claims:
Work that is not completed or is not completed to a satisfactory below standard can have a major impact only completion dates, result in serious safety concerns and have significant financial consequences to all parties involved. If these issues are affecting you, appoint a WGC lawyer to assist you to navigate the process to achieve the best possible outcome for you.
Building Industry Fairness Act 2017 claims:
The Building Industry Fairness Act formerly the Building and Construction Industry Payments Act 2004 (Qld) operates to ensure superior contractors pay inferior contractors progress payments as required by law and any construction contract which regulates the relationship between the parties. BIF is a powerful tool available to inferior contractors but to take advantage of it, the provisions of BIF must be strictly complied with. BIF also imposes strict time limits upon superior contractors and a failure to promptly respond to a payment claim pursuant to BIF can have significant consequences. For advice and assistance in respect of BIF, contact our expert team.
Release of security:
The appropriate and timely release of security or retention can be challenging to both superior and inferior contractors. The release of security or retention can be critical to maintenance of cash flow for inferior contractors but superior contractors must also be cautious about releasing security or retention too soon in case significant defects subsequently become apparent. Whatever your position, WGC can assist you. Further, the Personal Property Securities Act 2009 (Cth) regulates personal property securities and charges registered on the Personal Property Securities Register (PPSR is imperative to register any charges you have promptly as the order of registration decides your place in the queue. Contact WGC to seek specialist advice regarding this complex area of law.
Debt recovery:
If money is owed to you following a building or construction project, whether by an individual or a business, don’t hesitate to consult a lawyer to provide you with the required specialist legal knowledge and advice in this often frustrating and time-consuming situation.
If you require building and construction legal expertise, please contact our team of lawyers: