New compliance requirements are coming. Starting from 1 July 2026 you may be asked to provide additional identity, ownership or source of funds documentation when working with us. Find out why here.
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 Sam Roberts is an Accredited Specialist in Commercial Litigation having acquired his accreditation in 2013 with a sub-specialty in Building & Construction Law.
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.
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.
My Home Builder is “running late”. When can I terminate my residential building contract and get another builder to complete the work?
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.
Buyer beware: the application of security of payment legislation to residential building work in New South Wales
Under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act), strict deadlines apply to the service of payment claims and payment schedules. A recent Court of Appeal decision has confirmed that even an email address used informally in project communications may be used to validly serve payment claims under the Act.
A new legally binding Fair Work Commission order now requires businesses across road transport supply chains to pass on fuel cost increases – fortnightly. If your contracts don’t already have a mechanism for this, you need to act now.
This article deals with some of the most frequently asked questions concerning NCAT home building appeals.
This case underscores the importance of procedural discipline around payment claims issued under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act).
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 disputes can be complex, and the way you handle the situation may have significant effect on the outcome you are ultimately able to achieve.
In Australia, copyright law plays a critical role in protecting the intellectual property of builders.
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.
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.
This article explores the various legal avenues available to Home Builders facing disputes with Homeowners.
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.
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.
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).
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.
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.
If you build Class 2 buildings you need to be across this.
A Builder’s Liability Under the Design and Building Practitioners Act 2020.
The amendments bring about two important changes for contractors claiming progress payments.
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…
How to make it and not go broke!
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…
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.
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.
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.
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.
What to do to avoid getting caught out!
How you could find yourself out of business before you even begin.
The Home Building Act 1989 (“the Act“) places obligations upon contractors who contract directly with home owners to undertake residential building work.
The Building and Construction Industry Security of Payment Act 1999 (NSW) is significant because it provides for the following consequences…
Your Initial Consultation is an important opportunity for you to ask questions, get on-the-spot answers and experience what it will be like to work with us if you need further assistance. Your Solicitor will help you to understand the laws and legal issues relevant to your situation, applicable legal processes, your prospects of success in relation to a dispute and the course of action you should take.
You may not always get the advice you want to hear, but you’ll always get the advice you need to hear.
You may attend your appointment by phone, videoconference or in person at our offices.
If you need further legal help following your Initial Consultation, you may engage us to advise and represent you generally in relation to your matter or request a second appointment and provide copies of any relevant documentation you would like us to review beforehand.
Money held in our Trust Amount on your behalf is Trust Money. Trust Money and Trust Accounts are regulated by the Legal Profession Uniform Law (NSW) and the Legal Profession Uniform General Rules 2015 (“the Legal Profession Uniform Laws”).
When asking for Trust Money we use the terms Initial Trust Amount and Next Stage Trust Amounts to help clients more easily understand the nature and purpose for which we require the payment of money into our Trust Account.
A Trust Account is a bank account in which we hold Trust Money on your behalf. Most law firms use a Trust Account to manage the payment of legal costs, and to receive and hold Trust Money on behalf of clients.
It is our Firm Policy that we hold sufficient Trust Money at any time to cover our estimated costs and disbursements for each stage of work that we perform.
Payment of the Initial Trust Amount and Next Stage Trust Amounts also guarantees your understanding of our estimates of costs for each stage of work and provides us with assurance that you are willing to proceed on that basis.
The Initial Trust Amount and Next Stage Trust Amounts are based on our estimates of the costs and disbursements to be incurred in the completion of the initial or next stage of work in your matter, or over the course of the next calendar month, where there is no clearly defined stage.
The Initial Trust Amount is payable upon you entering into a Legal Services Agreement with us. As your matter progresses, if requested, you are required to pay Next Stage Trust Amounts within seven (7) days of a request.
As your matter progresses, we may determine it appropriate to “protect” Trust Money for a particular purpose (e.g. for payment of Barristers’ fees or Expert Witness expenses). Protected Trust Money cannot be transferred towards payment of our Tax Invoices.
Whether an amount is marked as protected is at our discretion.
We may suspend work in relation to your matter and/or terminate our Legal Services Agreement if:
When we render a Tax Invoice we will inform you of the Next Stage Trust Amount (if any) and account for the Trust Amount held at the time when asking you for payment. This may include:
To streamline our processes and avoid confusion, unless we are rendering a final Tax Invoice or there is no immediate next stage of work, we will endeavour to minimise the amount of Trust Transfer requests that we seek when rendering a Tax Invoice. Our Invoice emails will clearly stipulate the amount(s) payable to our Office Account and/or Trust Account in relation to our Tax Invoices and Next Stage Trust Amounts (where applicable); or the Trust Money transfer authorisation sought. Please read these emails carefully.
The Legal Profession Uniform Laws governs when we can withdraw your money from our Trust Account. Generally, we can only withdraw the money:
Law firms have a common law lien (security) over Trust Money for the payment of their costs and disbursements. If you provide us with a direction to pay or deal with Trust Money held on your behalf, we will comply with your directions subject to any lien we have.
Your money remains on deposit in our Trust Account. The relevant Rules prevent us from holding money in our Trust Account over an extended period. Therefore, we will refund any amount held in excess of the Next Stage Trust Amount to you on your request and the balance at the end of your matter.
Our Trust Account is an account with ANZ Bank. We must deposit Trust Money we receive to this account and give you a receipt for your deposit as soon as practicable. The amount that you have paid into our Trust Account is then recorded against your name and your file number.
We are required to give you a Trust Account Statement at certain intervals and on your request.
You will be notified of any withdrawals that we make from your Trust Account and they must be clearly recorded against your file. Our Trust Account (and all general trust accounts) are not interest-bearing accounts and large sums should therefore not be left deposited for extended periods.
The NSW Law Society’s Trust Account Department has the responsibility for examining records maintained by law practices to ensure they properly account for the Trust Money received and which is held on behalf of another person. This firm has been randomly audited on a number of occasions by the Trust Account Department of the Law Society and has an exemplary history of Trust Account compliance.
Each year, an independent auditor is appointed to inspect our Trust accounting records. We must present our Trust ledgers for the applicable period and provide documentary evidence of any transactions that the auditor selects for investigation.
Regardless of the amount of time funds have been held in our Trust Account, and provided that reasonable efforts have been made to locate the owner of Trust Money, unclaimed Trust Money may be surrendered to Revenue NSW in accordance with the Legal Profession Uniform Law Application Act 2014. Should the owner then require the return of the funds, they will need to lodge a request directly with Revenue NSW.
