Success in building and construction requires negotiating the right contract up front, sound administration of the contract and swift action if things do not go to plan. We provide advice on commercial and procurement contracts, contract administration and dispute resolution for projects of every scale.

We have seen first hand the impact disputes can have on companies and individuals and provide smart strategies for building positive relationships with suppliers. Getting things right in your contract can save unnecessary issues and expense later on. 

We also know that cash flow is the life blood of the construction industry and we assist contractors, sub-contractors and consultants get paid using the Security of Payment legislation.  

Building and construction law services:

• Drafting and negotiating contracts and agreements on behalf of owners, developers, contractors, sub-contractors and project managers

• Reviewing contracts and tender documents

• Drafting special conditions and contract amendments

• Responding to insurance claims

• Building dispute resolution and litigation

• Building and Home Warranty insurance claims

• Advising on the effective use of the Building and Construction industry Security of Payment Act

• Contract administration, risk management and performance monitoring

• Defending disciplinary actions including for registered builders appearing before the Building Practitioners Board and on applications for judicial review

• Debt recovery

Speak with one of our senior lawyers to get things moving in the right direction.

Debt recovery

We provide a full corporate debt recovery service. We work quickly to understand your commercial situation and provide pragmatic advice on the best available options to recover your debt.

We are well versed with the Corporations Act and frequently present applications before the Supreme Court’s Corporations List. We deal with matters concerning statutory demands and seeking and resisting orders for the winding up of companies.

In some cases, hearing from a lawyer is enough to move a debtor to pay. Other times, more decisive action, such as preparing statutory demands and the commencement of winding up proceedings under the Corporations Act is required.

Regardless of the scope of intervention required, our team draws on significant experience in insolvency and the recovery of business debts to recommend the most appropriate course of action.

We also act for companies seeking to have statutory demands set aside where there is a genuine dispute over the debt, or where the company has an off-setting claim.
 

Corporate recovery services:

• Statutory demands

• Insolvency

• Litigation

• Bankruptcy and winding up proceedings
   

Bankruptcy advice

While the Bankruptcy Act cannot be used as a vehicle to recover debts, the failure to pay a judgement debt (one that has been through the courts) can lead to the Federal Court or the Federal Circuit Court making an order under which the debtor becomes a bankrupt.

We work with creditors in preparing bankruptcy notices and in applications to the court. We have also successfully assisted clients apply to have bankruptcy notices set aside where they have been wrongly issued or the form of notice is defective.

When you need sound legal advice for your business, turn to us.

Commercial litigation

Disputes can be expensive and our approach is to avoid unnecessary litigation wherever possible. However, sometimes disputes are unavoidable and our goal is always to protect your interests as vigorously and economically as possible.

We are known for resolving most disputes through mediation or alternative dispute resolution methods, avoiding the uncertainty and expense of a trial. By building client relationships, we are often able to identify legal risks early, avoiding disputes before they arise.

Where litigation is required, we give you a complete understanding of the options available to you and recommend a strategy that has your commercial interests front and centre. We regularly advocate for clients in all Victorian courts and at the Victorian Civil and Administrative Tribunal.

Commercial litigation services:

• Insurance claims and disputes

• Debt recovery

• Bankruptcy and insolvency

• Building and construction law

• Property litigation

• Shareholder and director disputes

• Trusts

We have acted for both sides in commercial and civil litigation and have jurisdiction in the following courts:

• Supreme Courts

• County Court

• Magistrates’ Court

• Federal Court

• Appeal Courts

• Victorian Civil and Administrative Tribunal (VCAT)

When disputes arise, turn to us.

Disciplinary tribunals

We act for registered building practitioners before the Building Practitioners Board (BPB). Facing the Board is serious and the penalties can include suspension or even cancellation of your registration. Having an experienced lawyer on your side can make a world of difference to your outcome.

We have supported many registered builders through inquiries by the BPB to avoid or minimise penalties and fines. Our team also represents building practitioners in appealing decisions made by the BPB, in the Victorian Civil and Administrative Tribunal (VCAT) and in applications to the Supreme Court for judicial review of a BPB decision.

Disciplinary tribunal services:

• We appear for registered building practitioners at inquiries by the Building Practitioners Board (BPB)

• We appear for registered building practitioners on appeals to the Victorian Civil and Administrative Tribunal (VCAT)

• We act for registered building practitioners seeking to have decisions of the BPB quashed on judicial review by the Supreme Court

Our team has standing to appear before the:

• Building Appeals Board

• Victorian Civil and Administrative Tribunal (VCAT) and

• Supreme Court

An inquiry into your conduct or ability to practice is a very serious process and can have a significant impact on you, your business and livelihood. Having advice and representation is vital.

Turn to us when you need advice and support in disciplinary proceedings.

Home Warranty claims

We have extensive experience dealing with the Victorian Managed Insurance Authority and other insurers in the courts and the Tribunal. We can advise you on your rights to make claims for defective building works, structural defects or incomplete works.

In a domestic building situation, your rights and obligations are largely regulated by the Building Act 1993, the relevant Ministerial Orders made under that Act and the Domestic Building Contracts Act 1995. Presently, the Victorian Managed Insurance Authority is charged with issuing insurance under this scheme and it is the body that determines the outcome of claims made to it on policies it has issued. Although policies may remain in force with other insurers, all new policies are issued by the Authority.

You may claim on the domestic building insurance scheme only if your builder has died, disappeared or become insolvent or, from 1 July 2015, you have obtained a judgment against your builder and the judgment has not been met.

We can prepare the claim for you and then deal with the Authority (or other insurer) to negotiate a settlement so you can put the matter behind you. If a claim is denied for any reason, or if the proposed settlement amount is not satisfactory, we can take the matter further for you to either the Court or to the Victorian Civil and Administrative Tribunal. 

Turn to us when you need assistance with Home Warranty claims.

Insurance claims

Making an insurance claim for construction work can be complicated. We support builders and home-owners through the process, and have an enviable track record for finding cost-effective outcomes.

We can help prepare and prosecute insurance claims to private insurers as well as the Victorian Managed Insurance Authority (VMIA). We also have experience dealing with protection works insurance, advising both land owners carrying out works and those adjoining owners that are affected by protection works.

Having formerly advised large insurance companies and having acted for builders and home owners for many years, our principal, Darren Noble, knows the domestic building insurance scheme inside and out.

These days, we are focused primarily on supporting home owners achieve positive and cost-effective outcomes for their claims and also act for builders (or their directors) who may be being pursued by an insurer following a pay out. Our track record in preparing and prosecuting insurance claims to private insurers and the Victorian Managed Insurance Authority (VMIA) stands alone.

Insurance law services:

• Advising on domestic building insurance

• Advising on Protection Works Insurance

• Making claims for adjoining owners where protection works are being, or have been, carried out

• Builder’s Warranty claims

• Professional indemnity claims

• Home Warranty claims
   

Advice for builders facing claims

If you are a builder or a director of a builder facing a recovery action from the VMIA or another insurer, you may have defences available to you. Contact us and we can advise on what defences you may have.  We can also advise you on how to mitigate any claim through negotiation, mediation or any other alternative dispute resolution option available to you.

For advice on your insurance claim get un touch with us.

Planning and environment law

We act for property developers on both the construction and planning sides. When it comes to planning and environment issues, we work with your consultants to get the best outcome for you. Whether it is an appeal to VCAT or otherwise, we know that time is of the essence and we will always look to get you the best outcome as efficiently as possible.

Navigating the complex web of planning regulations is a significant and ongoing challenge for developers. When undertaking a development, the complexities of planning legislation from all levels of government can pose a significant risk to the viability of your project.

Commercial solutions for developers

We can assist property developers at every stage of the project, from feasibility to planning applications, right through to dispute resolution.

Our direct experience prosecuting and defending planning appeals and legal challenges in tribunals and the courts, has given us great insight into the regulatory, legal and environment pitfalls that can impact your project’s profitability. This means we can offer practical advice on the best ways to avoid issues ahead of time.  

For effective, reliable advice on planning and environment law, turn to us.

Security of payment advice

We have assisted many builders and sub-contractors to recover debts under the Security of Payment legislation. In fact, we prepared the very first adjudication application in Victoria resulting in a win for our client.

The Building and Construction Industry Security of Payment Act 2002 was created for members of the construction industry to help manage cash flow and resolve unpaid accounts. It is designed to be an inexpensive and straightforward way to obtain regular progress payments, but there are important steps and timelines that you need to follow.

We have extensive experience recovering debts under the Act and we will see the job through to the end, always advising you on the best way to recover the money that you are owed, including taking action under the Corporations Act, if required. Darren Noble has also acted as an adjudicator in many adjudication applications made under section 18 of the Building and Construction Industry Security of Payment Act.

How we can help

With over 20 years experience in the construction industry, we have intimate knowledge of the Security of Payment legislation and how it works in practice.

We provide advice and assistance in all areas of the process from making the payment claim, serving the payment schedule, referring the matter to adjudication and preparing the relevant documentation and submissions or representing you at court.

Read more on Security of Payment advice and FAQ's...

When you need a practical, common sense approach on payments, get in touch with us.

If you have a specific matter we have not mentioned or an unusual case, please feel welcome to contact us for an initial discussion. It is likely that we can assist (we recently successfully objected to a stamp duty assessment by the State Revenue Office and recovered the tax paid plus interest), but if we cannot, we will be delighted to point you in the right direction.

If you have a special or unusual matter, feel welcome to make contact.