Building & Construction

Our legal team can assist through all stages of construction, be it domestic works or an infrastructure project. Our professionals are well-versed in the realities of the construction industry and are abreast of the current laws, regulations and standards applicable to your circumstances. Our team actively participates in the variety of industry associations and groups.

Expertise:

  • Drafting and negotiation of construction contracts and contract management issues, including novation, assignment and variation
  • Risk management and due diligence for property development
  • Professional liability and negligence, professional indemnity and public liability
  • Commercial and domestic construction dispute resolution and litigation
  • Claims for defective and incomplete building work, standards of workmanship and materials, latent defects
  • Strata and body corporate building issues
  • All matters arising under the Building and Construction Industry Payments Act 2004 (Qld) and the Building and Construction Industry Security of Payment Act 1999 (NSW)
  • All matters arising under the Subcontractors’ Charges Act 1974 (Qld)
  • Licensing matters and offences
  • Building industry regulations and administrative and judicial review matters

Experience:

    • Acting for the Queensland building industry regulator in insurance recovery proceedings involving complex matters of interpretation of the Queensland Building and Construction Commission Act 1991, including some landmark reported decisions:

– Mahony v Queensland Building Services Authority [2014] HCASL 93 (13 May 2014)
– Queensland Building Services Authority v Orenshaw & Anor [2012] QSC 241
– Mahony v Queensland Building Services Authority [2013] QCA 323
– Namour v Queensland Building Services Authority [2014] QCA 072
– Queensland Building and Construction Commission v Lifetime Securities (Australia) Pty Ltd & Anor [2014] QCA 161
– Queensland Building and Construction Commission v Ward & Anor [2014] QSC 138
– Queensland Building and Construction Commission v Marshall & Ors [2016] QSC 200

  • Acting for regional civil works contractors in recovering of the subcontractors’ charges in connection with the collapse of a national construction company dealing with federal and local government infrastructure projects
  • Acting in numerous BCIPA adjudication applications – experienced in acting for the builder and the developer, complex claims and Jurisdictional error applications in the Supreme Court
  • Acting for the former director and secretary of Carmichael Builders Pty Ltd in successfully appealing a decision of the QBCC that he was an excluded individual as a consequence of him being an influential person in respect of Carmichael Builders Pty Ltd. see Tony Lee Carmichael v Queensland Building and Construction Commission [2016] QCAT 024 (OCR105-15).
  • Acting for the Liquidators of a large privately owned building company to review and assess claims made against the company including claims of charge and issuing requisite notices under the Subcontractors’ Charges Act 1974 and defending proceedings commenced by subcontractors to maximise returns to the creditors of the company.
  • Undertaking review of large scale commercial subcontracts for a significant trade contractor to ensure fairness in the negotiation and agreed subcontract terms.
  • Acting on behalf of liquidators of construction companies to successfully recover monies due and owing under various building contracts.

 

Building and Construction FAQs