Construction Lawyer & Building Solicitors Sydney | Contracts Specialist Law Firm

Construction Lawyer & Building Contract Solicitor in Sydney, AU

Our Specialist Sydney Construction Lawyers
help minimise risks and enforce your legal rights

Getting the right legal advice early on and having a Sydney construction lawyer manage any legal issues efficiently can help minimise the impact they can have on a construction company’s profitability and a homeowner’s construction goals. A construction lawyer and building contract solicitor can point you to the right direction, helping mediate with other parties, and guide you through litigation if needed.

Building Dispute

Sydney is currently experiencing a construction boom. There is over $1 billion worth of residential building works being done across the city. Along with the redevelopment and enhancements come building disputes, strata issues, and other problems, too. Construction can be quite a costly investment- both to builders and homeowners, however, sometimes things do not go as planned. In some residential and commercial building disputes, it can’t be helped when two parties cannot resolve the issue among themselves. The construction contract is breached, and as it often happens, miscommunication worsens the situation. These building disputes can be stressful and costly, draining energy and finances from both parties.

Security of Payments and Debt Recovery

Construction and building Contract Specialists in construction law would also be in the best position to advise you and help resolve debt recovery and Security of Payment issues. Our Sydney construction lawyer can also be consulted for situations where late or non-payments for services rendered happen. Not paying hardworking builders in full or on time is an unfair and illegal tactic that some contractors in Sydney still do today. Some people seem to forget that cash flow is king and not having your money in your hands can cause dire consequences. The Security of Payment Act was put into action to address this.

Construction Contracts

A well-written construction contract can help minimise risks. Before you sign any agreement, get the advice of a construction law expert to make sure that it will be in your best interest. We can draft and review construction contracts for you. Contracts Specialist is a specialist building solicitor and construction law firm that can help you enforce and defend your rights– whether you are the homeowner, a builder, or subcontractor.

Who
We Are

Who We Are

We are specialist building and construction lawyers who can help you enforce your legal rights. We only work on construction law matters so you can be confident you are getting the right advice.

Contracts Specialist is headed by John Dela Cruz.

Learn More about John >

Why work with our Sydney Construction Lawyer

With over 10 years of extensive experience specialising in construction law in Sydney, AU, you can be assured that we at Contracts Specialist have worked on a situation similar to yours. We have dealt with all types of clients, from homeowners, builders, and contractors.

A good construction lawyer will work to prevent any conflicts from happening– saving you time and money in the long run. He must be skilled and experienced to anticipate possible disagreements or disputes, and then adjust accordingly.

You can rely on a construction lawyer’s expertise and knowledge of construction law to help you prevent or resolve issues from growing into actual legal problems. Contracts Specialist is committed to doing that for you. Dedicated, efficient, and responsive, our specialist construction lawyers will guide you through the process, be transparent about fees, and work towards a resolution for your dispute in an ideal timeframe.

Making a call to consult with our construction lawyer.

No Risk,
Free First Consult

Sydney Construction law issues can be stressful and confusing. Call us for your free first consult. It will cost you nothing to get a clear understanding of where you stand legally.

Lock symbolising fixed payments with our construction lawyer.

Fixed Fees,
No-Win No-Fee Options

We are transparent about fees. We tell you the exact cost before we proceed. For some construction law matters, the fee is waived if we do not succeed.

Contracts Specialist's Sydney-based construction lawyer.

Specialist Building Solicitors
and Construction Lawyers

We are experienced and well diverse in construction law. We only deal with construction law matters so you are sure to get the right legal advice.

Our Services

Construction contracts drafted and reviewed by Sydney building and construction lawyers | Contracts Specialist

Construction Contracts

As specialist building and construction lawyers, we have extensive experience in drafting and reviewing a wide range of contracts for our clients—both contractors and homeowners—such as Home Building, Commercial, Lump Sum, and Cost Plus contracts, as well as Subcontract Agreements.
Learn more
Hand with Australian dollar icon for NSW Security of Payments Australia | Contracts Specialist

Security of Payments

We are Security of Payment experts and we can help you get the money you rightfully deserve. Not paying hardworking people in full or on time is an unfair and illegal tactic happening in the building and construction industry in Australia.
Learn more
Construction contract and a gavel for building dispute lawyer Sydney | Contracts Specialist

Building Dispute Lawyer

As construction law experts, the common causes of residential building disputes our construction law firm helps our clients with are: poor builder workmanship; slow, incomplete, and abandoned work; and overcharging and disputes about variations.
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Our Clients

Sydney house with a family outside icon for residential home owners | Contracts Specialist

Residential
Home Owners

Residential builders icon for building solicitor’s services to Sydney builders | Contracts Specialist

Residential
Builders

Commercial builders icon for Contract Specialist’s services in building work disputes Sydney | Conracts Specialist

Commercial
Builders

Commercial contracting icon as one of the clients for building disputes , construction contracts, Security of payments, and debt recovery Sydney | Contracts Specialist

Commercial
Contracting

Civil construction icon Sydney | Contracts Specialist

Civil
Construction

Strata building icon Sydney | Contracts Specialist

Strata

Testimonials

Recent Building Solicitor Articles

The Owners – Strata Plan No 84674 v Pafburn Pty Ltd and NCAT’s Jurisdiction on Design and Building Practitioners Act Claims

The NSW Court of Appeal case of The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWCA 301, marks a significant authority for Design and Building Practitioners Act 2020 (NSW) claims including potentially limiting the jurisdictional reach of the NSW Civil and Administrative Tribunal (NCAT) in similar matters, as established in the NCAT Appeal Panel decision of Deaves v Sigma Group NSW Pty Limited [2023] NSWCATAP 94.

Central to the The Owners – Strata Plan No 84674 v Pafburn Pty Ltd dispute was the interpretation of the statutory duty of care as outlined in the Design and Building Practitioners Act, non-delegable duties, and vicarious liability, particularly concerning proportionate liability.

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Understanding Your Rights Stress and Disappointment Claims in Home Building Disputes

Central to homeowner rights under the Home Building Act are the section 18B statutory warranties. These warranties are automatically implied in all residential building contracts, offering homeowners a safety net against substandard building practices. They cover various aspects, from the quality of the work to ensuring that the construction is completed within a reasonable time. Essentially, these warranties are designed to protect homeowners from the financial and emotional stress of dealing with construction defects or delays, amongst others.

A significant concern for many homeowners is whether they can claim compensation for the emotional toll – stress and disappointment – resulting from a builder’s breach of these statutory warranties. While traditionally, claims in contract law focus on financial losses, recent legal developments have opened avenues for homeowners to seek redress for non-economic losses, like emotional distress. The evolving legal landscape, shaped by pivotal court decisions, has begun acknowledging the impact of such breaches on a homeowner’s mental well-being.

Understanding these rights is vital for anyone facing building disputes. It empowers you to not only seek compensation for financial losses but also for the emotional distress caused by breaches of the Home Building Act’s statutory warranties.

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Millen v Skyview Homes Pty Ltd – Renewal Proceedings Case Analysis

The case of Millen v Skyview Homes Pty Ltd [2021] NSWCATCD 137 is an interesting case about a renewal proceeding under Schedule 4 Clause 8 of the Civil and Administrative Tribunal Act 2013 (NSW), known as the NCAT Act. The Respondent is a licensed builder who also owned the property in question. 

The applicant purchased the property from the respondent builder. The property, a residential dwelling, is located in South Western Sydney, NSW. A final occupation certificate for the property was issued on 25 September 2019. 

The applicant purchased the property for $703,662.45 around 27 September 2019. A Certificate of Home Warranty Insurance was obtained by the builder, but the contract amount listed was $195,789, described as a “speculative project.”

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Do You Need Expert Evidence in NCAT Proceedings?

If you’re feeling overwhelmed by the complexities of navigating home building defects disputes, especially when faced with the prospect of legal proceedings at the NSW Civil and Administrative Tribunal (NCAT), you’re not alone. Many homeowners find this journey challenging, filled with uncertainties about legal processes and the impact on their lives. Homeowners often find themselves at a crossroads, pondering the necessity and cost of obtaining expert evidence. This crucial decision can significantly impact the outcome of their case. Understanding the role and value of expert evidence in NCAT proceedings is vital for any homeowner seeking justice and resolution in building disputes.

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When is Expert Evidence Crucial?

In NCAT proceedings, the line between needing and not needing expert evidence can be thin, yet it’s a distinction with significant implications. Understanding when expert evidence becomes crucial is key for homeowners in building disputes.

Expert evidence is particularly vital in cases where the technical aspects of the construction work are complex. This includes situations where the quality of workmanship is not immediately apparent or easily understood by non-experts. In disputes involving specialized construction techniques, materials, or compliance with building codes, an expert’s input can be indispensable. Their assessments provide clarity, objectivity, and a level of detail that layperson observations or basic documentation cannot match.

Moreover, when the dispute involves significant monetary claims, the cost of not having expert evidence can outweigh the expense of obtaining it. In high-value claims, expert reports lend credibility and weight to the homeowner’s position. They can offer precise estimations of rectification costs and clearly identify breaches in standards of due care and skill.

However, it’s important to balance the need for expert evidence with the principles of NCAT, which strive for a resolution that is just, quick, and cost-effective. In cases where the monetary value is relatively low, or the defects are straightforward and easily observable, comprehensive expert reports might not be necessary. Here, other forms of evidence, such as detailed quotes from tradespeople, can suffice.

In essence, expert evidence is crucial in situations where the technicalities of the case are complex, the financial stakes are high, and where the homeowner’s claims require substantiation beyond what can be provided by non-expert testimony or simple visual evidence. Homeowners should carefully consider these factors when deciding whether to invest in expert evidence for their NCAT proceedings.

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Oral Agreements in Construction Disputes: Homeowners Lessons from C & V Engineering Case

Engaging in a home construction project is often an exciting time. Yet, beneath this excitement lies a complex web of interactions between homeowners and their builder, often governed by a blend of the written contract and oral agreements. These spoken promises, while integral to the fluid nature of construction projects, are prone to misunderstandings or misinterpretations, potentially leading to disputes that can mar the entire experience.

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Rental Damages Claim in NSW Construction Disputes

It is common that homeowners suffer from rental loss as a result of their builder’s delay with completing construction work. The case of Hassos v Beechwood Homes [2022] NSWCATCD 121 offers guidance of a successful and less common instance where the owners successfully claimed rent damages. This article not explores how homeowners can claim rental income loss due to a builder’s delay or defective work and the application of the important principle of causation.

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The Complete Handbook for Homeowners: Navigating Construction Law in New South Wales

If you’re a homeowner in New South Wales, it’s crucial to understand Construction Law to protect your investment. This ultimate guide to Construction Law is specifically designed to provide homeowners with essential insights into the legal landscape of home building in NSW.

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