Building Contract Dispute Lawyers

If you are a builder in NSW who carries out residential building works, you will most probably be aware that you need to have a proper written contract for any building works in excess of $20,000.

Continue ReadingCall Us: 02 9119 2232

Building Contract Dispute Lawyers

If you are a builder in NSW who carries out residential building works, you will most probably be aware that you need to have a proper written contract for any building works in excess of $20,000.

Continue ReadingCall Us: 02 9119 2232
————  01. OVERVIEW

We Can Help

If you are a builder in NSW who carries out residential building works, you will most probably be aware that you need to have a proper written contract for any building works in excess of $20,000.

A written contract for works over $20,000 must comply with the requirements of Home Building Act. If you are not sure whether works that you are carrying out requires a written contract under the Act, we strongly recommend that you speak to us before doing any work.

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    ————  02. INFORMATION FOR BUILDERS

    Information for Builders

    Aside from the requirement to have a written building contract, there are other requirements that you as a builder must comply with, such as insurance under the Home Building Compensation Fund (HBCF), formerly known as home warranty insurance. In this article however, we will only discuss written home building contracts.

    Whilst many builders use standard form contracts which have been designed by various associations (such as Housing Industry Association or HIA), there is no legal requirement to use these contracts as long as your written contract complies with the requirements of the Act.

    At One Law, we are often approached by builders who want advice on contracts before they enter into them with a homeowner. Sometimes, these builders have drafted their own contracts and want to know if it protects them.

    ————  03. HELP

    How We Can Help

    Building contracts are a particular specie of contracts which require a lawyer to specialised knowledge of the area before they can properly advise you on them.

    At One Law, we advise a range of builders on building contracts, whether they are standard form industry contacts or drafted particularly to suit their business.

    If you are looking at entering into a building contract with a homeowner, there are a few things you must consider, including:

    • Whether the contract is compliant with the requirements of the Act
    • If the contract contains standard form provisions, are they appropriate to your individual circumstance or do they need alteration by adding in special conditions;
    • Whether the contract needs to include limitation or exclusionary clauses to limit your liability against losses of an unusual nature. This is particularly important if other contractors will also be carrying out work which may overlap with your work.
    • Whether the contract compensates you against late payment. This is an important aspect of all building contracts (not just residential) where the builder is responsible to pay other contractors and sub-contractors down the chain.
    ————  04. RECENT WINS

    Success Stories

    $2.2m

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    $900k

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    See All Results

    Subcontractor ordered to pay liquidated damages to head builder due to delay in completing works

    Growthbuilt is a building company who had entered into 4 contracts with various developers for…

    Builder awarded damages against homeowner after homeowner directed the builder to stop works

    A builder entered into a standard form contract with a homeowner to build a granny…

    Contractor wins restitution order against family members for extensive renovation work without written contract

    A contractor, who was the former brother-in-law of the Defendant, carried out major renovations on…

    ———— 05. FAQ

    Frequently Asked Questions

    What’s the difference between a major and minor defect?

    A major defect is a building defect to a major element that causes (or is likely to cause) either:

    (d) The inability to occupy or use the building (or part of it) for its intended purpose

    (e) The destruction of the building, or part of it, or

    (f) A threat of collapse of the building, or part of it

    A minor defect are smaller defects that can affect how a building looks or functions. But minor defects don’t compromise the integrity of the building structure.

    How long after practical completion can a homeowner make a defect claim?

    Under the Home Building Act 1989 (NSW), owners have:

    • Two years to make a claim for compensation against a builder for minor defects
    • Six years to make a claim against a builder for major defects

    What is Practical Completion?

    Practical Completion is when the builder completes the work outlined in the contract. This is except for any omissions or defects that don’t prevent a homeowner from using the home or renovations.

    I’m a builder and a homeowner has made a claim against me. Can I defend it?

    This is where one of our building and construction lawyers comes in to help builders.

    We’ve found that there are many occasions where builders can defend defect claims. The defence tends to fall under one of the following categories:

    1. The builder is not responsible for the defect as it wasn’t part of the Scope of Work

    2. The builder doesn’t believe the work is defective, or

    3. The homer brought the claim out of time.

    If you’re a builder who needs help defending a claim by a homeowner, contact us for an obligation-free chat.

    Do we need to go to Court?

    Not at all. In fact, we work hard to get you an early settlement so that Court proceedings aren’t necessary. This means less stress for you. And it keeps your legal costs and the impact on your profitability to a minimum.

    ————  06. WHAT OUR CLIENTS SAY

    Our reputation for support, and our dedication to your success is the reason we continue to grow

    I would like to thank the team at One Law for all their help and support. It is very much appreciated. You have been fantastic to deal with from the beginning and have worked hard to help us get a great result. We would highly recommend you to others...

    Michael S.

    Marina Azer, was my lawyer at One Law. She was very efficient, professional, swift, and honest. She won my case and I was very happy with the outcome.

    I would highly recommend her.

    Danny Corleon

    I was very impressed with their commitment and desire to provide me with the best outcome at court. Their experience and knowledge was reflected in my overall outcome and I will always be grateful for their hard work. A very big thank you to James, Janine and the team.

    Katie Kramer
    ————  07. OUR TEAM

    Your Business & Commercial Law Specialists

    At One Law, we understand that every case is different, and we take the time to get to know your situation. We are your local lawyers with access to resources in all states, so you know your case is in good hands no matter where you are in Australia. Meet our Business and Commercial Law Specialists

    James Saba

    Director

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    Angelo Margiotta

    Lawyer

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    Sina Shokouhi

    Lawyer

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    Geetha Sanderan

    Managing Associate

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    Cynthia El Mokdsi

    Lawyer

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    Mariah Jammal

    Paralegal

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    Violet Saba

    Paralegal

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    Christiana Alavanos

    Legal Assistant

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    ————  08. WHAT ELSE WE DO

    Building and Construction Law Services

    Building and Defect Disputes

    Advice, negotiation and resolution of
    building disputes

    Read More

    Strata Disputes

    Advice, negotiation and resolution of strata disputes in both residential and commercial
    strata schemes

    Read More

    Do you need a Business or Commercial Lawyer?

    Call us on our free advice line or leave your details and we’ll call you.

    Contact UsCall Us: 02 9119 2232