Construction law

Construction law

Our experienced solicitors are experts in a wide range of matters relating to the construction industry, assisting landowners, builders, project managers, contractors, and other construction industry personnel to avoid or resolve legal disputes.

Apart from the legal aspects of construction disputes, our solicitors have a sound knowledge in the construction process which enables our solicitors to give you legal advice tailored to your situation.

 

How MJ Legal can assist you?

New Building Contracts

As a contractor or a builder, you may need expert advice from a construction law expert to draft your project’s building contract. We can draft the contract for you from scratch tailored for your project.

 

Contract Review and Negotiation

Building contracts are complex legal documents regardless of its nature. Therefore, it is important to grasp all the conditions of the contract as it is, to prevent future disputes among stakeholders. MJ Legal can assist you in reviewing your contract and negotiate with the other party to amend the contract which shall be better suited for your requirements, if required.

 

Contract Termination

Terminating a contract is a matter of utmost seriousness and should not be done without contacting your construction lawyer. If you terminate a contract without adequate claims to support your decision, repercussions shall be severely complicated, costly and might lead to further disputes. Our experienced lawyers will study your case related to contract termination, and advice you on the most optimal solution.

 

Contractual disputes, litigation, and dispute resolution

Contractual disputes often, can be amicably settled through alternative dispute resolution methods, without the need of litigation. Our lawyers will assist and advice you on the best possible course of action, when a construction dispute arises, whether its negotiation or litigation. We will assure you that you will get the best possible resolution for your dispute.

 

Security of Payment Act Claims

The security of Payment Act ensures that the person who undertakes any construction work is entitled to recover progress payment in relation to the work carried out. This is designed to provide a fast and inexpensive process to recover payments due under a construction contract, without the need for lawyers to become involved.

Claiming through the Security of Payment Act involves a number of steps, namely;

  1. Payment claim – Claiming progress payments for the work carried out.
  2. Payment or payment schedule – The respondent can pay in full or if in dispute give the claimant a “payment schedule”. If the respondent fails to give a payment schedule within 10 business days or as required by the contract, whichever is earlier, is liable to pay the full amount stated.
  3. Adjudication option – If there is a dispute about the payment, the claimant can apply for adjudication by contacting an Authorised Nominating Authority.
  4. Court assistance – A claimant may choose to proceed with litigation rather than apply for adjudication.
  5. Recovery from the respondent’s principal – Where a respondent has failed to pay the adjudicated amount, the claimant may seek payment from the respondent’s principal.

However, to make a claim through this act, careful consideration is of utmost importance, where our solicitors are experts in.

MJ Legal can assist you with;

  • Making a claim
  • Applying for Adjudication
  • Defending a claim, including adjudication responses
  • Applying to set aside an adjudication determination
  • Enforcing an adjudication determination or judgment

Call our experienced legal team today on xxxxxxxxxx to discuss your situation or alternatively contact us on www.mjlegal.com.au/contact-us. Our lawyers will ensure that you will be provided with the best advice for your unique situation.

 

Source –
https://www.pcllawyers.com.au/industries/building-and-construction-lawyers/

https://www.vba.vic.gov.au/building/security-of-payment

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