We have niche expertise for assisting home builders, subcontractors, and suppliers of building materials, as well as developers and homeowners involved in residential projects.
Home Building
Disputes over defects, project delays, contract variations and compliance with the Home Building Act are common in the residential building sector.
Common Issues & Challenges
Key challenges in the home building sector include:
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Compliance with the Home Building Act 1989 and ensuring contracts meet the mandatory legal requirements.
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Understanding and satisfying legal requirements in relation to Contractor Licences and Contracts of Insurance under the Home Building Compensation Fund.
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Managing disputes with homeowners related to project delays, defects and contract variations.
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Protecting intellectual property, including designs, business branding and processes.
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Business structuring to protect personal assets from risk, particularly in the event of insolvency.
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Managing risks of insolvency while managing multiple projects and dealing with homeowner disputes.
More Accredited Specialists in Commercial Litigation than 99% of all law firms in NSW.
How We Help: Common Solutions & Strategies
We help participants in the home building sector resolve disputes efficiently while offering proactive legal solutions to prevent future issues.
Contractual Disputes & Advice
We provide advice on disputes related to defects, delays, and contract variations, assist with the preparation of contract notices, including notice of termination, and prepare detailed letters of demand to enforce contractual rights, protect your business’ interests and establish the strongest possible position under the contract for future negotiations or litigation.
Negotiation & Settlements
We aim for early settlement through strategic negotiation, formalizing settlements with comprehensive Settlement Deeds to resolve disputes and clarify obligations.
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 Tribunal or Court proceedings.
Tribunal & Court Proceedings
If a dispute cannot be resolved through negotiation, we represent you in the NSW Civil & Administrative Tribunal (NCAT) or District or Supreme Court. Our strategy includes making early 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
We support your business growth by offering:
- Preparation of compliant home building contracts, contract variation forms and contract notice templates.
- Drafting standard form contracts for subcontractors and suppliers including Quotation Templates, Purchase Order forms, customised Terms & Conditions of Trade and Credit Applications to streamline operations, minimise disputes and maximise your chances of getting paid if when problems arise.
- Business structuring advice to protect personal assets in the event of insolvency.
- 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 reputation.
- 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.
The High Cost of Ignoring Defect Complaints for Residential Builders
A recent $2 million Supreme Court decision highlights the costly consequences for residential builders who fail to respond reasonably and promptly to defect complaints—especially when trust with the homeowner breaks down.
Copyright Infringement in Building Plans: What NSW Builders Need to Know
Copyright disputes can be complex, and the way you handle the situation may have significant effect on the outcome you are ultimately able to achieve.
Navigating Copyright Infringement Claims in Building Plans: A Guide for Builders
In Australia, copyright law plays a critical role in protecting the intellectual property of builders.
High Court clarifies builders’ liability for defects under DBP Act
Builders and developers in NSW should take note of the recent High Court decision in The Owners – Strata Plan No 84674 v Pafburn Pty Ltd.
Building Commission NSW: Increasing Activity and the Impact on Builders
The Building Commission NSW is increasing its enforcement activity, imposing penalties on licensed builders for alleged statutory warranty breaches—even in cases where defects are disputed in NCAT. Understanding how rectification orders, improper conduct findings, and penalties can impact your business is essential for NSW builders navigating compliance risks.
