We assist property developers, project managers and investors involved in large and small real estate projects, and commercial and retail property owners.
Real Estate & Development
Developers and investors in the real estate sector most frequently encounter legal problems in relation to investment partners, commercial or retail leases, construction contracts and funding arrangements.
Common Issues & Challenges
Players in the real estate and development sector commonly faces legal issues and challenges relating to:
-
Structuring deals and projects to protect personal and business assets.
-
Undertaking due diligence in relation to potential development sites or existing commercial or retail buildings.
-
Establishing and administering investment structures including unit trusts and special purpose companies.
-
Acquiring land, negotiating Agreements for Lease and Leases with commercial tenants, and enforcing and terminating Leases.
-
Securing funding and navigating complex loan and security agreements.
-
Negotiating Option Agreements and conditional Contracts for the Sale and Purchase of Land.
-
Securing Development Approvals with workable conditions attached.
-
Engaging and managing head contractors while ensuring compliance with project management standards.
More Accredited Specialists in Commercial Litigation than 99% of all law firms in NSW.
How We Help: Common Solutions & Strategies
We provide a range of dispute resolution and proactive legal services to ensure smooth operations for real estate developers and investors:
Demands & Dispute Resolution
We provide practical and strategic advice help resolve contractual and lease disputes and progress development projects and prepare appropriate contractual notices, including notices of termination, and letters of demand to articulate your rights clearly at the earliest possible stage and position them to enforce their rights or enter into negotiations from a favourable starting point.
Negotiation & Settlements
Our priority is resolving disputes through strategic negotiation, and formalising agreements with Settlement Deeds to to ensure clarity around any releases and the terms and conditions of any remaining warranties and obligations, to minise the risk of further disputes.
Security of Payment Claims
We provide expert advice and representation in relation to Payment Claims, Payment Schedules and Adjudication Applications under the Building and Construction Industry Security of Payment Act to reduce the risk of a statutory liability arising inconsistent with the developer’s contractual obligations including the right to offset claims relating to back charges and liquidated damages.
Court Proceedings & Advocacy
When disputes cannot be resolved, we competently represent you in property-related litigation in the appropriate Courts. We prepare your case thoroughly, from briefing expert witnesses, drafting Statements of Claim, Defences and Cross-Claims, and the preparation of detailed evidence. We will also advise in relation to the making of early settlement offers to secure favorable costs orders against the other party if the case goes to final hearing.
Proactive Legal Solutions
To mitigate risks of property or project related disputes, we provide:
- Advice in relation to structuring for projects and investments to protect personal and un-related commercial assets and facilitate the implementation of effective tax planning strategies.
- Contract preparation, negotiation and project management advice to manage risks related to land acquisition and contractor engagements.
- Shareholder Agreements, Partnership Agreements and Unitholder Agreements to establish a clear understanding between co-developers and investors for the management of projects and profit-sharing.
- Advice on capital raising and compliance with regulatory requirements under the Corporations Act to ensure your projects are compliant and well-protected.
- Advice in relation to the administration of construction contracts including the assessment of Payment Claims and preparation of Payment Schedules.
- Agreements for Lease and Leases for commercial and retail property owners and developers to secure commitments from Tenants
- Conveyancing services to secure off-the-plan sales to purchases of newly constructed properties and subdivided land.
- Proactive and on-demand legal support and advisory as part of our Virtual In-House Counsel Solution.
