Marc Hutchings & Associates |
Building Solicitors |
| www.buildingsolicitors.com.au/ | |
Information for Building Contractors
Areas of Practice AREAS OF PRACTICE
BUILDING AND CONSTRUCTION
As specialists in this field, Marc Hutchings & Associates offers a wide range of legal services.
Building Contracts
You may require specialist advice in relation to the following:
- Home building contracts
- Fixed price contracts
- Cost plus contracts
- Small to large scale building works
- Renovation and home extensions
- Sub-contracting and owner builders
- Commercial building works
- Drafting special conditions of contract
- Advice before signing contracts
- Review of contract documents, terms and conditions of contract, specifications, bills of quantities, tenders, quotations, engineering drawings and architectural plans.
Contract Administration
Many of our clients require information and advice concerning building works during construction. We provide advice on:
- Understanding contract documents
- Contractor licences and home owner's warranty insurance
- Implied terms of contracts
- Progress payments
- Approval and certification of work
- Variations to contracts
- Time for completion and practical completion
- Quality of construction and warranties applicable to home building
Dealing with Disputes
When building disputes occur, legal advice to inform you of your rights and responsibilities is essential. Many of our clients benefit from:
- Skilled informal dispute resolution
- Identification of items of defective and incomplete building work
- Clearly outlining the responsibilities of builders, proprietors, material suppliers, architects, engineers, private certifiers, property developers, real estate agents, council and other authorities
- Evidence gathering and engagement of expert witnesses
- Building the foundations of a case for litigation
- Determining-termination of building contracts and advising on contracting with another contractor
- Quantum meruit claims
- Litigation within the Court
Retaining expert witnesses, building consultants and specialist counsel
When building disputes proceed to litigation it is essential that all available evidence be examined and documented by specialist building consultants who appear as expert witnesses.
We can recommend expert witnesses to prepare building reports for use in litigation and appear before the court for clients in the following areas of specialisation:
- Home building and compliance with Australian Standards and the Building Code Of Australia
- Structural engineering
- Mechanical engineering
- Hydraulic engineering
- Forensic accountants
- Forensic architects
- Quantity surveyors
- Fire safety consultants
- Project management consultants
Specialist barristers
When conducting litigation it is important to instruct counsel experienced in building and construction law. All counsel instructed by our law firm on behalf of clients are specialists in the field of building and construction law.
Commonwealth and New South Wales Legislation
Client enquiries often involve reference to the following:
- Home Building Act 1989 (NSW)
- Home Building Legislation Amendment Act 2001 (NSW)
- Home Building Amendment (Insurance) Act 2002 (NSW)
- Home Building Amendment Act 2004
- Home Building Regulation 1997 (NSW)
- Building and Industry Security Of Payment Act 1999 (NSW)
- Building and Industry Security Of Payment Amendment Act 2002 (NSW)
- Building Legislation Amendment (Quality Of Construction) Act 2002 (NSW)
- Arbitration (Civil Actions) Act 1983
- Fair Trading Act 1987 (NSW)
- Consumer, Trader and Tenancy Tribunal Act 2001
- Consumer, Trader and Tenancy Tribunal Regulation 2002
- District Court Act 1973
- District Court Rules 1973
- Supreme Court Act 1970
- Supreme Court Rules 1970
- Uniform Civil Procedure Rules 2005
- Limitation Act 1969
We also provide legal advice on the following: