Building and Construction Lawyers Sydney

A building contract sets out the rights and responsibilities of the parties involved in a construction project including the scope of works, payment terms, timelines, and dispute resolution mechanisms. Because no single standard form exists in the industry, it’s crucial to have a lawyer review your contract to ensure it properly reflects your interests, allocates risk fairly, and complies with relevant legislation.

Correct. While some contracts are commonly used (e.g., HIA, MBA, ABIC), they vary in terms of complexity and bias toward particular parties. Each project should be assessed individually to determine the most appropriate and customisable agreement.

Poorly drafted contracts can lead to disputes over payment, unforeseen payment dates, scope of work, defects, delays, and liability for additional costs. Misunderstandings about risk allocation or obligations can result in costly litigation or tribunal proceedings.

We assist in disputes involving incomplete or defective works, breach of statutory warranties, negligence claims under the Design and Building Practitioners Act, strata defects, and payment issues under the Security of Payment Act.

Under the Home Building Act 1989 (NSW), statutory warranties are implied into every residential building contract. These warranties require that the work will be performed with due care and skill, in accordance with the plans and specifications, using suitable and good quality materials, and that the work will be done in compliance with the law and within the agreed time (or, if no time is specified, within a reasonable time). If a builder or contractor breaches any of these statutory warranties, the homeowner may have a right to legal remedies, including requiring rectification of defective work or seeking compensation

Yes. Owners corporations in strata schemes can pursue builders or developers for defective work under various NSW laws. We regularly assist with strata defect claims and associated proceedings.

The Building and Construction Industry Security of Payment Act 1999 (NSW) gives contractors and subcontractors a statutory right to claim and recover progress payments through a fast-track adjudication process, helping to address cash flow issues. While the Act is designed to ensure prompt payment, disputes frequently arise, especially when a builder goes into administration because claimants may become unsecured creditors and face difficulties enforcing payment or recovering outstanding amounts. The Act provides mechanisms to pursue claims even in insolvency scenarios, but practical recovery can be complex and contentious in such circumstances.

This legislation imposes a statutory duty of care on builders, designers, engineers, and other professionals carrying out construction work in New South Wales. Under section 37 of the Act, these practitioners owe a duty to exercise reasonable care to avoid economic loss caused by defects in or related to building work, both to current and future owners. If this duty is breached and defects or losses result, affected parties—including owners corporations and subsequent purchasers—can bring a civil claim for damages, even if there is no direct contractual relationship with the practitioner.

Yes. We represent clients in litigation and tribunal proceedings, including in the Local Court, District Court, Supreme Court of NSW, and the NSW Civil and Administrative Tribunal (NCAT).

Engage a lawyer before signing any building contract, when issues arise during construction, or immediately if you suspect defective work or a breach of contract. Early legal advice can help prevent disputes or strengthen your position in a claim.