Building & Construction Law
ARE YOU A BUILDER NEEDING LEGAL ASSISTANCE?
We have over 25 years’ experience representing small, medium and large builders in Western Australia.
The legal services we offer to building clients include:
- Building contract and review
- Drafting of special conditions
- Enforcement of builder claims
- Advice to properly issue extension of time and price increase notices.
- Representation in the Building Commission, State Administrative Tribunal (SAT) and Courts.
- Representation in mediations and arbitrations.
- Recovery of outstanding contract payments.
- Builders’ caveats
- Supplier / contractor agreements
- Employment agreements
- Industrial Award coverage
- MyLeave – Construction Long Service WA
- Unfair dismissal advice and representation.
We can pursue the payment of debts on behalf of our clients under the Building and Construction Industry (Security of Payment) Act 2021 (WA), the Statutory Demand provisions of the Corporations Act 2001 (Cth) as well as commencing recovery proceedings in the civil courts.
We are a HIA member and on the HIA panel of recommended building and construction lawyers.
Contact us if you have a legal building issue that needs solving.
ARE YOU A HOMEOWNER WITH A BUILDING PROBLEM?
Our legal team offers homeowners a wide range of building legal services.
We are experts in providing advice on standard form building contracts used in Western Australia by the HIA and MBA including:
- HIA HBCA Lump Sum Building Contract (Form 16L)
- HIA Alterations & Additions Contract (Form 38E)
- HIA Small Works Contract (Form 10a)
- HIA Preliminary Works Agreement
- HIA Cost Plus Contract
- MBA HBW 2019 (Home Building Works)
- MBA SHBW2019 (Small Home Building Works)
- MBA Cost Plus Residential Contract
- MBA ABIC MW 2018H (Major Works Housing).
We can also advise and represent homeowners on:
- Workmanship complaints
- Damages for building delay
- Warranty claims
- Home Indemnity Insurance claims
If you have a building law enquiry, contact us now.
ARE YOU A PROPERTY DEVELOPER?
We provide legal assistance to property developers not only on building contracts but also:
- Negotiation of commercial terms
- Stakeholder engagement
- Project management assistance
- Subcontractor agreements
- Tripartite agreements
Contact us if you would like to know more about the property development legal services we provide.
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FAQ
Frequently
Asked Questions
The contract allows you to challenge the validity of the expression of time. The first step is to raise your concern with the builder. If the issue remains unresolved you can make a complaint to the Building Commission.
There have been some recent developments in the SAT which benefit the homeowners. If you would like to know more, please contact us.
Builders are required to take out home indemnity Insurance (HII) for new home building work for the benefit of the homeowner. You can access the HII when the builder commits an act of insolvency.
We can assist homeowners to access their HII and receive the maximum benefit of the HII.
Yes, if the value of the homebuilding work is over $20,000 then the builder needs to provide you with a contract which complies with Home Building Contracts Act 1991 (WA).
A provisional sum is an estimated cost for undertaking a certain part of the construction which is subject to adjustment after the actual cost is known. In providing a provisional sum a builder is required to use best endeavours to provide an accurate estimate based on their experience.
A prime cost is for the supply of an item and the labour to install it which is subject to market fluctuations, subject to the builder still being required to give their best estimate at the time of entering into the contract.
A builder does not have an automatic right to lodge a caveat over a property they have been working on. Many standard form building contracts do, however, contain express provisions which allow a builder to lodge a caveat over a property in certain circumstances.
Before lodging a caveat, a builder should obtain legal advice to avoid a risk of the caveat being rejected by Landgate.
Yes, in certain circumstances a builder can increase the contract price. A delay before construction commences outside the builder’s control can increase the price. The price increase, however, must be directly linked to the delay and issued before construction commences.
There is no formal definition of practical completion. As a general rule a home is practically complete when it is habitable.
If you are unsure if your build has reached practical completion, contact us.