Construction Law & Alternative Dispute Resolution
Rockliffs can assist you with all your "front end" building and construction needs. We can draft and advise or assist you to negotiate with respect to building and construction contracts.
At Rockliffs Solicitors, we deal with both non-contentious and contentious or litigious aspects of building and construction and engineering. We can negotiate on your behalf and or provide advice on the form of contract for residential works:
- owner builder contracts;
- sub contracts;
- cost plus contracts;
- lump sum contracts;
- design contracts;
- design and construction contracts;
- small works contracts;
- large works contracts;
- construction contracts; and
- renovations, additions or alterations including installing new swimming pool contracts.
We can negotiate on your behalf and or advise in relation to combined residential and retail contracts.
We can also draft and negotiate or provide advice in relation to commercial contracts:
- design contracts;
- project and construction contracts;
- design and construction contracts;
- small works contracts;
- large works contracts;
- lump sum contracts;
- cost plus contacts; and
- sub contracts.
For contracts which are already in operation we can provide advice in regards to disputes arising out of the contract such as:
- variation claims;
- provisional sums and prime cost disputes;
- progress payments and failure to pay;
- liquidated damages;
- practical completion;
- extension of time;
- profit margin;
- defects;
- rectification; and
- delays.
We can provide advice on building contracts produced by organisations including:
- Standards Australia;
- Department of Fair Trading;
- Master Builder's Association.
We can provide advice in relation to initiating or defending a claim under a contract in relation to:
- The Office of Fair Trading- Building Disputes and Resolution;
- The Consumer, Trader & Tenancy Tribunal (CTTT);
- Local, District and Supreme Courts;
- Arbitration and Resolution Clauses under contract;
- Explore alternate dispute resolution through mediation.
We can provide advice on relevant legislation such as:
- Home Building Act 1989;
- The Home Building Regulation 1997 (NSW);
- The Environmental Planning and Assessment Amendment (quality of construction) Act 2003 (NSW);
- The NSW Building and Construction Industry Security of Payment Act 1999 (as amended in 2002).
Matters that have been attended on behalf of clients include:
- claims in quantum meruit in the Supreme Court for $1.5m and $.35m;
- defence of claim in negligence in the Supreme Court against a Civil Engineer for $1.5m;
- Investigation into possible claims arising out of a building construction project including possible negligent valuations, inappropriate delay claims, possible underselling of property subsequent to the financier foreclosing on a loan;
- a NSW Building and Construction Industry Security of Payment Act 1999 claim;
- negotiated a $8.5m combined retail and residential construction project;
- drafted tradesperson's and specialist contracts;
- managed a geotechnical investigation in relation to a third party designer, builder and local council authorities for possible negligent acts or omissions in relation to a landslide which resulted in property damage;
- Claims for unpaid monies for goods and services arising out of a building contract which was partly oral and partly written, in relation to commercial premises.