Taking the confusion out of construction contracts and contract negotiation
The building and construction industry in New South Wales has changed over the past two decades to become increasingly more regulated through legislation. Since the introduction of various pieces of legislation, including the Home Building Act, the Security of Payment Legislation and increases to WH&S obligations, (to name just a few), you as a builder or contractor have an increased load of responsibilities.
Our primary area of expertise is understanding and managing construction-based contracts and resolving disputes when they arise. You’ll have peace of mind knowing that your contract is managed capably and sensitively.
Whether you’re a home owner, a builder or a subcontractor in Sydney, we can advise you (and educate you) on:
- Negotiating your contract
- Your legal entitlements under a contract
- Your responsibilities under the contract, including how and in what form to lodge your payment claims
- Indemnity guarantees and retentions
- Lodging Notice of Delays
- Latent conditions (conditions you could not reasonably foresee)
- Appended contract documents
- Any contract clause, term or condition
Mark the civil contractor
Mark* ran a building and construction company in Cronulla* that was awarded a large government contract for the upgrading of infrastructure in New South Wales.
The contract the department handed Mark was divided into 5 sections, and totalled in excess of 1,300 pages. Just his General and Special Conditions of Contract ran to almost 250 pages!
Mark’s project had the potential for making large profits, if run correctly. We went through the contract with him and gave him a written breakdown in plain English of the effects of the important clauses and how they affected his company. These included how to submit his payment claim, what constitutes a variation, how to lodge a claim for delays, what constitutes a latent condition and so on. Once works started, we took a back-seat role but provided a monthly review of all contractual-based matters in co-operation with Mark’s company.
The result? Mark delivered the project on time and under budget, pleasing the government department and making him a healthy profit.
How did we help to achieve this? Because we monitored the contract throughout the works, we were able to anticipate and deal with any issues before they became a problem. The bonus for Mark? Because we were providing our advice in the background (and confidentially), Mark was able to pass on our views on his company letterhead, meaning that his company was able to take the credit for excellent contract administration.
* Please note: To protect client confidentiality, we’ve changed the name and the suburb.