Home Services Building & Construction Law

Building & Construction Law

Our expert team is headed by a dual qualified leading industry expert and Accredited Adjudicator and 3 Accredited Specialists in Commercial Litigation, making us one of the most recognised Building & Construction Law teams in New South Wales.
Free Case Evaluation

Get the edge over the other parties you are contracting with.

Construction Contracts & Administration

Our Lawyers have extensive experience assisting Subcontractors, Head Contractors and Developers to negotiate and administer head contracts and subcontracts and manage risks.

Commercial Building Disputes

Our expert team is headed an Accredited Adjudicator under the Building and Construction Industry Security of Payment Act.

Security of Payment Assessment

The ability to utilise Security of Payment Laws is an important consideration for both commercial and residential building disputes. Strict time limits apply!

Home Building Contracts

Contracts for residential building work must comply strictly with the Home Building Act 1989 (NSW), and are subject to statutory licensing and insurance requirements.  
Home Building Disputes

Understand your rights and obligations in relation to Home Building Contracts and resolve disputes quickly and cost effectively. 

Property Development

Our Lawyers can assist with development due diligence, property transactions, development approvals, construction agreements and administration, sales and leasing, and dispute resolution.

Building & Construction Services

Our Building & Construction Lawyers have extensive experience advising and representing contractors, subcontractors, developers and home owners to make and administer contracts effectively, utilise security of payment laws and resolve disputes and damages claims.

Our Ned Mortensen is an Accredited Adjudicator with specialist knowledge of the building and construction industry, having come to the legal profession after 20 years of working in the construction industry as a project manager and expert witness.

Our Sam Roberts is an Accredited Specialist in Commercial Litigation having acquired his accreditation in 2013 with a sub-specialty in Building & Construction Law.

How We Help

We help clients to successfully complete building projects and avoid building related disputes by making and administering complying Construction Contracts and Residential Building Contracts and observing industry specific laws.

When building disputes arise, we provide prompt, direct and technically correct advice to ensure you can resolve the dispute swiftly and/or to position you for the best outcome in future. This typically involves the issue of Contract Notices, Payment Claims or Payment Schedules, and the enforcement statutory debts or Adjudication under the Building and Construction Industry Security of Payments Act 1999 (NSW).

Our Lawyers are highly experienced in dealing with both commercial and residential disputes large and small and have appeared in all relevant jurisdictions from the Home Building List of the NSW Civil & Administrative Tribunal to the Construction & Technology List of the Supreme Court of NSW.

Free Case Evaluation

Get answers fast and make commercial decisions with confidence.

We regularly advice developers, contractors, subcontractors and home owners and act in relation to Building & Construction Law issues including:
  • Construction Contracts
  • Home Building Contracts
  • Contractor Licensing
  • Contract Administration
  • Commercial Building Disputes
  • Home Building Disputes
  • Security of Payment Claims
  • Adjudication Applications
  • Adjudication Responses
  • Defective Work & Delay Claims
  • Statutory Warranty Claims
  • Home Building Compensation Insurance
  • Property Development
  • Project Management Agreements
  • Subdivisions of Land
  • Strata Subdivisions

Ned Mortensen

Head of our Building & Construction Law team, Ned Mortensen, has specialist knowledge of the building and construction industry, having come to the legal profession after 20 years of working in construction as a project manager and expert witness.

Ned holds dual qualifications in Law and Construction Management and is also an Accredited Adjudicator with Adjudicate Today. He is highly experienced and particularly adept at dealing with security of payment adjudications and claims involving defective work and/or delays.

His experience in the construction industry ranges from residential housing in his early career, through to engineering and senior project management roles for some of Australia’s top tier contractors.

He has project managed contracts for the construction of commercial and infrastructure projects with individual contract values exceeding $200 million.

Ned has also worked extensively in client-side project management, where he routinely handled disputes concerning the quality, timeliness, compliance and value of works. He is an experienced building consultant and has appeared as an expert witness in building litigation matters.

His unique mix of legal skills and practical construction industry experience allow him a clear insight into the often very technical issues that are at the heart of many building disputes. His legal expertise and construction industry experience give him an edge that puts him at ease in any construction industry matter and ensures a sound and practical understanding of the technical issues at play.

Find out where you stand in relation to a current Payment Claim

Fixed Fee Security of Payment Assessment

Get expert legal advice in relation to your rights under the Security of Payment Laws in respect of any existing Payment Claim and what you should do next.

$550.00 INC GST
Start Your Assessment

Security of Payment Guide

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

Download Free Guide View eGuide

A Home Builder’s Guide to Resolving Disputes in NCAT

An essential Guide to help Home Builders develop a robust defence and achieve a more favourable outcome in an NCAT dispute.

Don’t get caught out; get the right advice and get it fast.

Download Free Guide View eGuide

Home Building Act Guide

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

View eGuide

We could not fault our experience with Roberts Crosbie Mortensen Lawyers and would recommend them without hesitation.

“We are absolutely thrilled with the result Roberts Crosbie Mortensen Lawyers achieved for our company! After a long battle over a very large sum of money, Ned achieved the best possible outcome for us. He was incredibly professional, while at the same time extremely patient and easy to talk to.”

Angela Whitney-Offen

Sam & the team are prompt, efficient and completely knowledgeable regarding property and construction law.

“I have used Roberts Crosbie Mortensen Lawyers on several occasions on both a business and personal level. I have recommended Roberts Crosbie Mortensen Lawyers in the past to friends and will continue to do so.”

Matthew Kearney
Partner, Commercial Collective

I have no hesitation in routinely recommending them to friends and associates.

“We use Sam and his team on a routine basis and have always found them to be both friendly and professional. They have a wide range of knowledge and expertise and get the job done with a minimum of fuss.”

Ross Holding

Highly recommend this firm. Felicity has a great knowledge of construction law.

Bob Cena

Highly recommend this firm to anyone seeking legal services.

“Ned assisted me with my matter, he was very helpful and professional throughout the whole process.”

Kris Grozdanovski

Wish I didn’t waste the time at the start trying to do it myself.

“This is really a proactive, quality team. Right when you need it most, they cut straight to the chase and deliver.

Their ‘Fixed Fee Security of Payment Act Rights Assessment’ meant I actually avoided the whole adjudication process and went straight to court for streamlined judgement, saving me time, hassle and money. Now I also feel I have a legal team for the company to give me more confidence in taking on more contracts. Great service”

Michael McElligott

Very good service to the point. Excellent.

Shashanka Da

I was very impressed with Roberts Crosbie Mortensen and grateful to the team.

“From my first phone call, I got the impression the whole team, admin included were professional and caring.

Sannan guided us through a difficult situation with ease and without him and the team at Roberts Crosbie Mortensen we would have had a very different outcome.”

Katherine

Felicity delivered every time.

I found the service and constant updates to be very personal, Felicity understood that during our tough time we need full trigger on the pulse service and she delivered every time.

We are absolutely thrilled with the result Roberts Crosbie Mortensen achieved for our company!

“After a long battle over a very large sum of money, Ned achieved the best possible outcome for us. He was incredibly professional, while at the same time extremely patient and easy to talk to. We could not fault our experience with Roberts Crosbie Mortensen and would recommend them without hesitation.”

Ned always places his client’s best interests first.

“His focus on developing long term relationships, coupled with his industry and business experience, delivers great results for his clients.”

Ned handled our matter as if it was his own. His prompt assistance and excellent advice were very much appreciated.

Ned speaks and understands the language of our industry.

We strongly recommend Ned and his team to anybody requiring a Litigation Lawyer.

“My wife and I operate a small earth moving business and required legal assistance in relation to a machine purchase gone wrong. We engaged Roberts Crosbie Mortensen to represent us in our dispute. Ned Mortensen took up the charge for us in what was for us a personally difficult situation. Ned is extremely professional and engaging he put my mind at ease on more than one occasion throughout the process. Ned has a very direct, no nonsense approach but also allows plenty of room to bounce ideas around. We had very positive outcome.”

Matt Cresham

I really wish I just contacted you a month ago when I found you.

“I really appreciate your thorough explanation and promptness dealing with this matter.”

Michael McElligott

I really like Sam Roberts’ article on Security of Payments.

“Too many commentators focus on the dispute provisions rather than the excellent process that Sam alludes to in his article. We are delighted to see contract clauses that encourage complying Payment Claims, as opposed to the current trend for “look around the corner” avoidance tactics. I commend Roberts Crosbie Mortensen’s approach to encouraging people to get it right up front, rather than wait until there’s a problem. It’s a breath of fresh air. We strongly encourage all businesses in the building industry to insist on using a complying process as a business-as-usual practice to protect their entitlements. To this end we have developed a unique software solution to facilitate the process.”

John Lowry
The Power Tool Pty Limited

Sam Roberts has assisted our Company in relation to a range of issues relating to a large Property Development.

“The quality of advice and results achieved have been greater than I originally expected when our Company first made the move to Roberts Crosbie Mortensen Lawyers.”

TIA Properties Pty Limited

The Roberts Crosbie Mortensen team have assisted us with a myriad of matters.

“Having worked with Amanda, we are pleased with her service and confident in her advising.”

Sarah B

I have found Sam Roberts to be a competent and diligent legal practitioner.

“Sam and I have worked together on commercial disputes including those relating to the enforcement of contracts, breaches of contract, misleading and deceptive conduct, breaches of confidentiality and breaches of intellectual property rights. I have found Sam Roberts to be a competent and diligent legal practitioner with a tenacious approach that serves his clients well in legal disputation.”

Peter E Cullen
Barrister-at-Law, Sydney

Sam was at all times very efficient and most thorough throughout his handling of my case.

Being young, most diligent and trustworthy I would recommend him to conduct any legal work to the highest order.

Paul Joy
Paul Joy Financial Planning Pty Limited

One of the biggest benefits of using Roberts Crosbie Mortensen, as opposed to other firms, is that Sam and his staff are very contactable.

Sam Roberts has assisted our Company in relation to a range of issues relating to a dispute. When I have a problem or need a legal answer it is important that I can get it quickly.

Our Building & Construction Law Team

Sam Roberts

Managing Director
Accredited Specialist (Commercial Litigation)
Newcastle

Sam is an Accredited Specialist in Commercial Litigation with over 20 years’ experience helping businesses solve complex legal problems.

Amanda Crosbie

Solicitor Director
Accredited Specialist (Business Law)
Newcastle

Amanda’s practice focuses on providing timely corporate and commercial services to established and growing SMEs.

Ned Mortensen

Principal Solicitor
Accredited Adjudicator (Security of Payment)
Newcastle

Ned’s considerable experience in the construction industry before coming to the law makes him a formidable opponent for any building dispute.

Tony Peterson

Principal Solicitor
Accredited Specialist (Commercial Litigation)
Newcastle

Tony has a decade of experience in national and international law firms representing high net wealth individuals and businesses in large and complex commercial disputes.

Phil Blaxell

Special Counsel
Sydney

Phil is an experienced Litigation Lawyer with a track record for winning cases and advocating strongly for his clients.

Felicity Donald

Special Counsel
Newcastle

Felicity is an exceptional advocate with over 17 years’ experience in Litigation & Dispute Resolution with a focus on commercial, construction, professional negligence and intellectual property disputes.

Jack Lindgren

Senior Associate Solicitor
Accredited Specialist (Commercial Litigation)
Newcastle

Jack is a specialist Commercial Litigation Lawyer adept at resolving complex commercial disputes, with a focus on Professional Negligence, Building & Construction, Employment and Insolvency related claims.

Andrei Jerdetski

Solicitor
Sydney

Andrei is a dual qualified Building & Construction Lawyer whose practice focuses on the resolution of complex commercial and residential building disputes.

Isabella Hudson

Solicitor
Newcastle

Isabella is a determined and energetic Commercial Litigation Lawyer who aspires to provide every client with a positive legal experience.

Related Articles

Getting Security of Payments Right

Subcontractors often come to us at the eleventh hour for help when they haven’t been paid, but there are some common pitfalls that can put the benefit of the Security of Payments Act out of their reach. In this article I have summarised some of the most frequent problems encountered.

09 Nov, 2021
Ned Mortensen

My Home Builder is “running late”. When can I terminate my residential building contract and get another builder to complete the work?

My Home Builder is “running late”. When can I terminate my residential building contract and get another builder to complete the work?

14 Jun, 2022
Ned Mortensen

Home Builders: Dealing with Material Shortages & Price Increases

We’re seeing more and more builders going into liquidation leaving homeowners with half finished houses that good builders don’t want to touch because firstly, the previous builder’s building work could be a warranty liability and secondly because they still have their own full books to run.

21 Mar, 2022
Ned Mortensen

What Home Builders Should do When Faced with a Dispute with a Difficult Homeowner

This article explores the various legal avenues available to Home Builders facing disputes with Homeowners.

11 Jul, 2023
Ned Mortensen

Security of Payment Laws – 4 Steps to Recover Progress Claims Over $200k

If you’re a builder or subcontractor owed more than $200,000.00, it’s possible to utilise the Act to obtain a Court Judgment for the outstanding debt in less than 40 days.

27 Sep, 2022
Ned Mortensen

How Courts Consider Descriptions of Work in Payment Claims & Reasons for Withholding Payment in Payment Schedules

In this article we consider how the Courts consider the adequacy of describing works or reasons for withholding payment in assessing the validity and reliability of Payment Claims and Payment Schedules.

30 May, 2022
Ned Mortensen

New Risk Fines for Residential Builders – Are your Residential Building Contracts Compliant?

Residential builders in New South Wales risk significant fines if they do not comply with their newly-created obligations in relation to the Building and Construction Industry Security of Payment Act 1999 (NSW).

04 Nov, 2021
Jack Lindgren

Adjudication – 4 Common Pitfalls for Applicants and Respondents

The Building and Construction Industry Security of Payment Act 1999 (the Act) is an incredibly effective way for participants in the construction industry to maximise their chances of fair and prompt payment of invoices rendered.

15 Oct, 2021
Ned Mortensen

The 6 Steps to Adjudication

The Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Security of Payment Act”) (and interstate equivalent) is unlike any other law in the country. These laws can be the source of significant rights as well as severe adverse consequences for most businesses in the building industry.

20 Aug, 2021
Ned Mortensen

Apartment Building Completion Notices & Audits

If you build Class 2 buildings you need to be across this.

04 Sep, 2020
Ned Mortensen

Property Owners given 10 years to Claim for Financial Loss caused by Defects

A Builder’s Liability Under the Design and Building Practitioners Act 2020.

03 Aug, 2020
Ned Mortensen

Security of Payment Law Amendments: How to claim Progress Payments Post 21 October 2019

The amendments bring about two important changes for contractors claiming progress payments.

22 Oct, 2019
Sam Roberts

High Court Confirms Limited Scope of Potential Challenges to Security of Payment Adjudications

In Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 the High Court affirmed the decision of the NSW Court of Appeal that the availability of judicial review to quash an Adjudication Determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) was limited to cases of jurisdictional…

04 Jul, 2019
Sam Roberts

Mid Tier Construction Contracting Essentials

How to make it and not go broke!

24 Oct, 2018
Ned Mortensen

Do all residential building disputes have to be determined by the NSW Civil & Administrative Tribunal (“NCAT”)?

Whilst case management by Judges and Magistrates may be preferable to case management by NCAT Members, unless the parties agree for the proceedings to be determined by a Court (and not a Tribunal) or no Defense to a claim is anticipated, then it is usually the case that proceedings for claims under $500,000.00 should be…

13 Feb, 2018
Sam Roberts

Can the Department of Fair Trading force my builder to perform rectification work?

For a home owner, engaging a builder to carry our residential building work, whether it is for a new home, renovations and extensions or a smaller project, can be a very stressful time.

30 Jan, 2018
Felicity Donald

When can I suspend work?

If you are a builder carrying out residential building work, there may be situations when you would like to suspend the building works. Commonly this occurs when a home owner fails or refuses to pay a Progress Claim.

24 Jan, 2018
Ned Mortensen

Can I still Recover Payment for Variations and Extras where there is No Written and Signed Contract Variation?

If you enter into a contract with a home owner to undertake residential building work and the contract price exceeds $5,000.00, then the Home Building Act provides that any variation must be in writing and signed by both parties prior to the variation works commencing.  

23 Jan, 2018
Amanda Crosbie

When Can I Claim Under a Policy of Insurance Under the Home Building Compensation Fund?

Insurance under the Home Building Compensation Fund is required to be obtained by a builder entering into a residential building contract of greater than $20,000 with a home owner prior to commencing any work under that contract.

23 Jan, 2018
Amanda Crosbie

Common Misconceptions about Contracting in the Building & Construction Industry

What to do to avoid getting caught out!

06 Jun, 2017
Amanda Crosbie

Commercial & Retail Fitouts

How you could find yourself out of business before you even begin.

13 Feb, 2017
Sam Roberts

Consequences of failing to comply with the Home Building Act

The Home Building Act 1989 (“the Act“) places obligations upon contractors who contract directly with home owners to undertake residential building work.

12 Jun, 2016
Amanda Crosbie

Why the SOP Act is so significant

The Building and Construction Industry Security of Payment Act 1999 (NSW) is significant because it provides for the following consequences…

23 Apr, 2014
Sam Roberts
View all Articles

Frequently Asked Questions

What is a Free Case Evaluation?

A Free Case Evaluation is a 15-minute free phone call with an experienced Solicitor that is best matched to your type of enquiry. In this call it will be identified how we can help you and next steps required to progress your matter. This is an obligation free, complimentary phone call.

How do I book a Free Case Evaluation?

You can call us on 1300 553 343 or complete a Free Case Evaluation request form.

What happens after the Free Case Evaluation?

At the end of the Free Case Evaluation your Solicitor will advise in writing what is required in order for us to start work on your matter. This will generally include signing a Legal Services Agreement, depositing money into our Trust Account, providing documentation for review by the Solicitor, or perhaps scheduling a face to face or zoom appointment.

We will strive to ensure that right from the start and throughout the duration of your matter you will be kept aware of:

  • The actions we will take on your behalf,
  • The steps you need to take,
  • Any information you need to supply to us,
  • The timing involved and when delays may occur, and
  • A clear indication of the costs.
What is a Trust Account?

A Trust Account is a bank account in which we hold money on your behalf, usually as a deposit for the payment of future Invoices.  We are not permitted to use this money unless certain conditions are met.  Most law firms use a Trust Account to assist to manage the payment of legal costs.

When will I be asked to deposit money into your Trust Account?
  1. At the beginning of your matter,
  2. At intervals throughout your matter once the amount you have deposited into our Trust Account has already been used to pay Invoices and is not enough to cover the next stage of work, and
  3. For specific purposes, such as for payment to your former partner under Court orders or an agreement, or expenses we will need to pay on your behalf.
Why do you request that money be deposited into your Trust Account? 

We request that you deposit money into our Trust Account so that we can be certain that we will be paid for the work you have instructed us to do and/or so that we are not out-of-pocket for the expenses we pay to others on your behalf (e.g. Search fees, valuation fees, stamp duty, barristers’ fees).

What happens to the money in Trust when my matter is complete?

Money held in our Trust Account is held on your behalf. Subject to any lien we hold over the money to secure payment of our fees, money held in our Trust Account will be paid at your direction at any time. Upon completion of your matter and payment of our fees, money held in our Trust Account will, therefore, be paid to you or as you direct.

Do I need to pay money in advance?

In most cases, yes. We typically require that you have both signed the Legal Services Agreement with us and deposited the requested funds into our Trust Account before commencing work on your behalf.

The amount of money required to be paid in advance will be based on our estimate of costs work initially to be undertaken. This will be discussed with your Solicitor during your free case evaluation and confirmed in an Engagement Letter.

Who will be my lawyer?

A lot of factors are considered when pairing your enquiry with one of our Solicitors, however put simply, the Solicitor allocated to your matter will be one with the appropriate knowledge and skill to best assist you.

When do I pay into the Office Account and when do I pay into the Trust Account?

You will only need to pay money into the Office Account if you have an Invoice due where the amount is greater than the funds we have held for you in Trust.

How will my lawyer communicate with me?

All communication with our lawyers will be over the phone and email. Important correspondence will be contained in letters as PDF attachments to emails. This includes invoices. It is essential that you take the time to read all correspondence received by your lawyer and contact your legal team should you have any questions, require clarification, or need further information in order to understand.