Building and Construction Law & Commercial Disputes

Expertise

We advise on construction and engineering projects from the earliest planning stages through to completion, and on any claims or disputes that arise along the way.

Getting the right advice early can prevent problems later, and when disputes do arise, we resolve them strategically and cost-effectively.

We act for principals, developers, owners, head contractors, subcontractors, consultants and suppliers, across commercial, residential, infrastructure, energy and resources projects.

A well-drafted contract and a clear understanding of risk are the foundations of a successful project. We help clients get it right from the start, including:

  • advising on procurement strategy and project delivery models, including construct only, design and construct, early contractor involvement and alliancing

  • preparing, reviewing and negotiating head contracts, subcontracts, consultancy agreements and supply agreements

  • advising on Australian Standard and bespoke forms of contract, and on amendments

  • reviewing tender documents and preparing tender responses

  • identifying and allocating risk, including insurance, indemnities, security and liability caps

  • advising on residential building contracts, including amendments to MBA and HIA standard forms and obligations under the Home Building Contracts Act 1991 (WA)

Pre Contract

Once a project is under way, careful contract administration protects your rights and helps avoid disputes. We provide practical, timely support, including:

  • advising on contract administration, notices and time bars

  • preparing, assessing and responding to variations, extension of time and delay claims

  • advising on payment claims and payment schedules under the Building and Construction Industry (Security of Payment) Act 2021 (WA)

  • advising on suspension, termination and step-in rights

  • managing the risk of insolvency in the contracting chain, including calls on security

  • training project and commercial teams on their contracts and the security of payment regime

Contract Delivery

We help clients close out projects and protect their position, including:

  • advising on practical completion and handover

  • managing defects, defects liability periods and rectification

  • advising on liquidated damages and final accounts

  • recovering or releasing bank guarantees, retention and other security

Completion and Post Contract

Claims and Disputes

When disputes arise, we assess each matter carefully and recommend the most effective pathway to resolve it. We act in:

  • preparing and defending claims, including delay, disruption and cost escalation claims

  • security of payment adjudications

  • expert determinations

  • negotiations and mediations

  • domestic and international commercial arbitrations

  • litigation in the Supreme Court, Federal Court, District Court and Magistrates Court

  • building disputes and complaints in the State Administrative Tribunal

  • claims involving defective work, professional negligence and insurance

Optus Stadium in Perth, Australia, viewed across a body of water with trees in the foreground and a partly cloudy blue sky.
Construction site of a modern building with brick exterior walls partially built, wooden framing, and large windows, under cloudy sky.
Silhouettes of construction workers on scaffolding during sunset, with steel rebar protruding from the structure and a partly cloudy sky in the background.
A city skyline at sunset with tall skyscrapers, a water body in the foreground, and modern architectural structures including a bridge over the water.