Building and Construction Lawyers Sydney

Our law firm provides clients with advice on building and construction contracts and disputes.

Legal Expertise in Building Contacts

For contracts, we review and providing advice including on scope and risk allocation. It is a common misconception in the building industry that there are “standard form contracts” and many owners and developers execute contracts assuming that they are standard form contracts. However, there is no one standard form contract in the construction industry. Instead there are numerous forms of contracts in the building industry each with different risk allocations and each with a different bias to a particular type of party. Parties entering into building contracts need to carefully consider which is the best for them and best suited to the individual scenario and customise each contract to suit their respective needs.\

Due to the complexities involved in building and construction and the significant cost of construction which has increased significantly of late, we find that parties regularly fall into building disputes.

Speak To Our Sydney Construction Lawyers

Our law firm regularly acts in these types of disputes even when they escalate to Court or Tribunal proceedings. These include proceedings involving:

claims for defective and incomplete work in breach of the statutory warranties contained in s. 18B of the Home Building Act 1989 (NSW);
claims brought by Owners Corporations against builders and developers in respect of defective work in strata buildings;
claims for breach of the duty of care imposed by s. 37 of the Design Building Practitioners Act 2020 (NSW) with respect to defects;
adjudications under the Building and Construction Industry Security of Payment Act 1999 (NSW) which is an interim dispute resolution scheme introduced by the Government to attempt to address cash flow issues for subcontractors and builders.

If you require any assistance in building and construction matters, contact one of our lawyers at info@slaterwatts.com.au or call 02 9221 1088 for expert legal advice.

What Our Clients Say About Us

Lionel Asseraf, St James Cafe

“Ryan’s commitment to us has been unrivalled!

In the last decade, SlaterWatts Lawyers has helped us through Supreme Court litigation, leasing arrangements and disputes, NCAT mediation, licensing applications and personal matters. Ryan’s knowledge and poise during stressful times has allowed us to act with confidence and obtain the best possible outcome. His sharp commercial acumen and his always amiable but effective communication skills have made our litigious and transactional matters much easier. I would not hesitate to recommend him.”

Lionel Asseraf, St James Cafe

Loretta & Craig Coote – Coote Hotels Pty Ltd – Gladstone Hotel, Dulwich Hill

“We have used SlaterWatts Lawyers for over 30 years and we have always received personal and professional legal advice. Ryan has acted on a range of our matters personal and commercial matters ranging from Supreme Court Litigation to transactional and Liquor licensing & Gaming matters including development approvals. We have found Ryan’s knowledge to be in depth, his integrity to be flawless and passion for his clients to be unrelenting. We highly regard our relationship with SlaterWatts Lawyers and intend to continue to foster and maintain it. We without reservation recommend Ryan and his practice.”

Loretta & Craig Coote – Coote Hotels Pty Ltd – Gladstone Hotel, Dulwich Hill

Justin Small – Small Pubs – Balmain Hotel & Botany View Hotel

“SlaterWatts Lawyers has provided us with invaluable property and specialist liquor licensing & gaming advice. Ryan differentiates himself by his personal, pragmatic and outcome focused advice. Ryan is our trusted legal advisor when it comes to property and liquor licensing & gaming matters, and I would not hesitate to recommend SlaterWatts Lawyers.”

Justin Small – Small Pubs – Balmain Hotel & Botany View Hotel

Sandra Kelly – S & A Kelly FT Pty Ltd

“SlaterWatts Lawyers has extensive experience in commercial and property litigation. Ryan Watts’ experience and personal service was invaluable in our litigation matter, he instilled us with confidence to trust his advice which resulted in an excellent outcome for us. Ryan is commercially orientated, outcome driven, responsive to clients’ sensitivities and able to identify and pursue the most appropriate strategy to achieve clients’ objectives. SlaterWatts Lawyers provides the level of service and expertise one typically expects from a large commercial firm but in a boutique firm with a more personalised, flexible and practical manner.”

Sandra Kelly – S & A Kelly FT Pty Ltd

Ben Dunn – The Dunn Group

“Ryan has been providing The Dunn Group with personal, professional, and practical advice for over 10 years now and we highly respect his commercial advice and personal service. Ryan has provided professional advice on a variety of our matters ranging from litigation to transactional and service stations acquisitions including franchising negotiations. SlaterWatts Lawyers is a boutique firm with a commercial focus on reaching desirable outcomes for their clients and we highly recommend them.”

Ben Dunn – The Dunn Group

Greg Pilon & Brett Harvey – Amaroo Hotel & Pastoral Hotel Dubbo

“The team at SlaterWatts Lawyers are without doubt the most knowledgeable commercial and Liquor Licensing & Gaming lawyers we have dealt with. Ryan’s understanding of this area of law is exceptional and he is a pleasure to work with. Ryan’s astute commercial mindset and advice over the years has allowed us to resolve contentious property matters and transactions. Ryan and his staff have always managed to make the process easy to understand and more manageable. We would not hesitate to recommend Ryan and SlaterWatts Lawyers.”

Greg Pilon & Brett Harvey – Amaroo Hotel & Pastoral Hotel Dubbo

Phil, Moonacres

“SlaterWatts Lawyers, and in particular, their Solicitor Director, Mr Ryan Watts has been advising the Moonacres Group since 2016. During this time, the firm has covered a wide variety of issues including leasing, licencing, DA applications, tenant disputes, outraged customers and so on. Across this varied spectrum of legal issues Ryan consistently gave both wise and commercially relevant advice. His experience shines through in the very practical nature of the recommendations that he has made over the years.

His turn-around in contract drafting, particularly when time is short, has often left our counterparty embarrassed at how long they take to reply. This sort of professional readiness ensured that we were in a strong position from which to negotiate.

I have also appreciated Ryan’s willingness to advise when he is unable to advise on certain issues. While disappointing, he is well connected in the legal community, and has been able to put me in contact with extremely senior lawyers who are experts in their respective fields.

As a final note, it is well worth mentioning that despite the sometimes tense discussions we have had over the years, I have admired the way in which Ryan is able to keep the conversations enjoyable, verily, at times quite witty and amusing.

I heartily recommend this firm.”

Phil, Moonacres

John Morrison, Hotel Accountants

“We have worked closely with the Legal Practice ‘SlaterWatts’ for a period of over 20-years. The specialist Legal Practice has assisted many of our clients from a Sydney Hotel Transaction of $90.0mil to a Country client of $22.0mil and many in between. Over that period of time, I can attest to all of our very happy and successful clients not only on their sale expertise process but also the day to day Liquor Licensing issues. They have clear communication instructions, think outside the box, and are always available in the client’s hour of need. I would rate the firm as one of the best Legal Specialist Hotel practices available to Corporate and Mum & Dad Hotel clients. I am happy to attest to this in person and I would have no hesitation in recommending their services.”

John Morrison, Hotel Accountants

Ross and Beverley Wood

“Ryan Watts has been our legal adviser for the past 8 years. During this time he has given advice and managed a variety of matters on our behalf from the purchase and sale of residential and investment property to the drafting of Family Wills.

Ryan and Susana are an exceptionally professional team and have executed all our legal requirements in a prompt and pleasant manner. We highly value their expertise.”

Ross and Beverley Wood

Con & Sofia Bousgas – Bar Cleveland, Redfern

“SlaterWatts Lawyers has been advising us for over 20 years and they have always provided us with prompt and professional legal advice. Ryan’s hands on approach to our matters, has always instilled us with confidence and we highly respect his knowledge and expertise in property and liquor licensing and gaming matters. SlaterWatts Lawyers has assisted us with commercial and personal matters, and we have always found Ryan to be honest and a trustworthy advisor. As our trusted advisor, we highly recommend Ryan and SlaterWatts Lawyers services to anyone in need of commercial minded and client focused lawyers.”

Con & Sofia Bousgas – Bar Cleveland, Redfern

Brian & Louise Di Francesco

“We were very fortunate our pub broker introduced us to Ryan Watts at the time of the sale of our country hotel. I am absolutely certain that my husband’s first words – “it’s just a simple sale” – will be inscribed on a plaque on his wall.

The “simple sale” turned into a 20-month nightmare when there was a major fire at the hotel, completely destroying the beer garden and outdoor entertainment area – just three weeks before settlement.

Ryan’s constant communication, calm demeanour, very thorough knowledge of the law, friendly manner, wise counsel and attention to detail was exemplary. He was nothing short of brilliant as he helped us navigate an extremely difficult process with the constant, never-ending issues that arose for the next 20 months.

I cannot recommend Ryan highly enough. I would not hesitate to work with him again. For better or worse, he will be our go-to lawyer forever!”

Brian & Louise Di Francesco

“We are thrilled to share our fantastic experience with the legal services provided by Ryan Watts from SlaterWatts Lawyers. As a first-time homebuyer, we were initially overwhelmed by the complexities of the real estate process. However, Ryan guided us every step of the way, ensuring a seamless and stress-free experience, on multiple occasions until the final purchase.

From the moment we engaged his services, we were impressed by his professionalism, expertise, and attention to details that calmed our nerves during these exciting times, knowing that our interests were protected throughout the entire home-buying journey.

Ryan was always accessible and responsive, promptly addressing any questions or concerns that arose and took the time to explain legal jargon in a way that was easy to understand, empowering us to make informed decisions.

We are now proud homeowners and highly recommend his legal services to anyone looking to buy a home. With Ryan’s help, the process was not only efficient but also enjoyable. Thank you very much Ryan from our whole family!”

Building and Construction Law FAQs

What is a building contract and why should I have it reviewed by a lawyer?

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.

Are there really no standard building contracts in NSW?

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.

What legal issues can arise from poorly drafted or misunderstood building contracts?

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.

What types of disputes do construction lawyers handle?

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.

What are statutory warranties in building contracts?

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

Can owners corporations take legal action against builders or developers?

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.

What is the Security of Payment Act and how does it help subcontractors and builders?

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.

What is a claim under the Design and Building Practitioners Act?

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.

Do you assist with disputes that go to court or NCAT?

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).

When should I contact a construction lawyer?

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.

Explore Our Services

Commercial &
Business Law

Commercial and business law governs the rights, relationships, and transactions of businesses and commercial entities

Liquor License &
Gaming Law

Liquor licensing and gaming laws in New South Wales govern the regulation and control of the sale and consumption of alcohol and the operation of gaming machines.

Dispute Resolution &
Litigation

Going to court is not the only way to resolve a legal matter – there are several substitutes for litigation..

Conveyancing &
Property Law

Property law and conveyancing are key areas of our practice and we will assist you in dealing with all types of interests in property.

Wills &
Estates

Making plans to provide for your family after you pass away and to manage your affairs as you age or if you are incapacitated, is a sensible way to protect your assets and loved ones.