Building and Construction Law

One of our staff, Venus Cassimaty, is an accredited specialist in commercial litigation specialising in building and construction law. As a result, we have acted for entrepreneurs, developers, builders, sub-contractors, architects, engineers, quantity surveyors and other construction industry consultants.

We can assist you with matters such as:-

• Disputes and litigation relating to building construction work;
• Pre-tender and tender documentation;
• Building and construction contracts and sub-contracts;
• Design and construction contracts;
• Project and construction management contracts;
• Joint venture and participation agreements;
• Consultants contracts;
• Variation claims;
• Delay, acceleration and prolongation claims;
• Arbitration claims.
• Our disputes and litigation experience spans the whole gambit of building and construction disputes, from small defect claims relating to residential properties to major construction claims involving a multitude of parties such as those arising out of the collapse of the Newcastle Workers Club as a result of the 1989 earthquake.

Examples of specific transactions we have acted on, are:

• Advising, negotiating and drafting head contracts and subcontracts in relation to the construction of Dubbo Private Hospital, Rouse Hill Racecourse, Sydney Airport Control Tower, a commercial office block in Elizabeth Street, Sydney, home units and town house development projects.
• Advising, negotiating and drafting tripartite and quadpartite agreements between financiers, builders and proprietors, for example in relation to the construction of exclusive home units at Darling Point.
• Advices on, drafting and negotiating project management contract and related subcontracts.
• Advising on and drafting contracts with other consultants.
• Advising on joint venture documentation including risk participation agreements by financiers in relation to claims upon builders, including in relation to interpretation of contracts, time limit clauses and other disputes.

Examples of building construction litigation we have conducted are:

• Dispute relating to termination of a subcontract with an excavator in relation to a commercial building in Kent Street, Sydney.
• Dispute regarding structural steel work at a Racecourse.
• Dispute over the air conditioning at a commercial office block in Sydney.
• Matters arising from the Royal Commission of Inquiry into the Building and Construction Industry.
• Acting for mechanical, hydraulic and electrical disciplines in a dispute over a resort.
• Acting for a structural engineer in relation to claims for defective design of concrete slab in twelve storey commercial/residential building.
• Acting for structural engineer in relation to a dispute as to the adequacy of the steel work design at a school.

Acting for a geotechnical engineer in relation to allegations of inadequate design and subsequent testing of coal stock pile area for an amount in excess of $1 million.