Construction & Infrastructure

Businesses in the construction and infrastructure sector frequently face disputes over contract terms, delays, defects, contract variations and payment issues under complex construction contracts.

We have niche expertise for assisting commercial building contractors and subcontractors, engineers, suppliers, contractors, principals and developers involved in medium to large-scale commercial, residential and infrastructure projects.

We focus on helping you manage multiple contractual relationships in high-stakes projects whilst navigating complex regulatory environments.

Common Issues or Challenges

Participants in the construction and infrastructure sector involved in medium and large-scale projects frequently encounter legal issues and challenges relating to:
  • Negotiating and managing complex contracts with detailed clauses around warranties, indemnities, and liquidated damages.

  • Disputes related to delays, defects, and payments, which can severely impact cash flow and project delivery.

  • Managing subcontractors and allocating risks.

  • Back charges from principals and head contractors and difficulties in enforcing timely payments.

  • Utilising security of payment laws to recover or resist payment of progress claims and retentions.

  • Risk management in areas such as health and safety, employee disputes, and insolvency.

  • Succession and ownership issues, especially in growing or family-run businesses.

More Accredited Specialists in Commercial Litigation than 99% of all law firms in NSW.

How We Help: Common Solutions & Strategies

We provide comprehensive legal support to help resolve complex commercial disputes and manage risk through proactive legal strategies tailored to your business.

Demands & Dispute Resolution

We analyse the strengths and weaknesses of your position in contract disputes, particularly around construction delays, defects, and payments. We prepare detailed letters of demand and contract notices to enforce contract rights and/or put you in the best position for successful negotiations.

Negotiation & Settlement Deeds

Where disputes arise, we focus on resolving them early through strategic negotiations. If a settlement is reached, we formalise agreements with Settlement Deeds to ensure clarity around release and the terms and conditions of any remaining obligations, avoiding further disputes.

Security of Payment Claims

We provide expert advice and representation in relation to recovering statutory debts and Adjudication Applications under the Building and Construction Industry Security of Payment Act to maximise your business’ prospects of recovering payment without the need for Court proceedings.

Court Proceedings & Advocacy

If early resolution is not possible, we can diligently represent your business in Court proceedings, including the Supreme Court, District Court, and Local Court. We prepare your case thoroughly, from briefing expert witnesses, drafting Statements of Claim, and the preparation of detailed evidence. We also assist with making strategic settlement offers to position your business for the most favourable costs order against the other party should the dispute proceed to final hearing.

Proactive Legal Solutions

Beyond dispute resolution, we help you mitigate risks and prevent future issues by:

  • Advising on and negotiating amendments to complex contracts.
  • Preparing bespoke Subcontractor Agreements and standard form Preferred Subcontractor Agreements.
  • Preparing standard form contracts that streamline your business operations for everyday contracts including customised Quotation templates, Terms & Conditions of Trade, and Purchaser Order forms.
  • Preparing Shareholder Agreements and Business Succession Planning Agreements for co-owned business, and Employment Agreements and Workplace Policies to support your growth and manage risks of future disputes and non-compliance with workplace relevant laws.
  • Advising on and acting in relation to Trade Mark Applications to protect your brand and the value of goodwill attached to it.
  • Proactive and on-demand legal support and advisory as part of our Virtual In-House Counsel Solution, geared towards businesses experiencing rapid growth and/or executing a strategic project, transformation or restructure.

Security of Payment Guide

Get Paid. When it matters most. The essential tool for every business owner in the building and construction industry.

Employment Law Guide

Best Practices for engaging, managing and terminating employees. What every employer needs to know.

Home Building Act Guide

An introduction to contractor licensing, statutory warranties, mandatory contracting requirements and insurance under the Home Building Act 1989 (NSW).

Business Succession Planning Guide

Financial certainty and peace of mind for business co-owners in the event of death, disability or serious illness.

Guide to Making Effective Business Contracts – Contractors

Making effective everyday contracts is simply a must for contractors and suppliers.