Building & Construction

The Australian building and construction industry is a complex and evolving area of law associated with high levels of risk.

Summers Legal’s building and construction lawyers provide specialist advice to our clients (both builders and customers) designed to simplify and reduce these complexities and risks.

We provide building and construction related advice at the formation of contract stage and in circumstances where a dispute arises.

Construction Contracts

Summers Legal has an in-depth understanding of the realities and risks that developers, contractors and consultants face every day.

We work closely with our clients to ensure their interests are met and their risk profile is properly reflected in the construction contract.

Our experience extends to negotiating or preparing all types of construction contracts from standard forms to contracts that are bespoke, including:

• Australian Standard form construction contracts and subcontracts and Master Builders contracts
• Design and Construct contracts and subcontracts
• Construct-only contracts
• Supply and install contracts
• Consultancy agreements
• Access Deeds
• Minor works contracts
• Construction management agreements

 

Building and Construction Disputes

Building Defects

We are experienced with building defect issues associated with:

• Legislative regime of Home Building Contracts Act 1991
• Legislative regime of the Construction Contracts Act 2005 (WA)
• Major and minor building defects (residential, commercial, or industrial)
• Breach of building contract and non-performance
• Home warranty claims and home warranty insurance claims
• Payment claims, variation claims, payment schedules
• Negotiating settlement and alternative dispute resolution
• Initiating or defending building and construction litigation in the State Administrative Tribunal of WA, Arbitration, or the Courts

Construction Dispute Resolution

We are specialists in resolving all types of construction disputes effectively to achieve commercial solutions.

When disputes arise, our aim is to act swiftly to resolve them so that our clients achieve commercial solutions without having to proceed to litigation.

At Summers Legal, we have experience in all kinds of building and construction disputes including public-private partnership contracts, multi-unit developments and commercial and residential buildings concerning:

• Breach of contract claims
• Dispute resolution of delay and disruption claims
• Submission of variation claims
• Disputes in relation to early use and possession
• Adjudication Applications under the Security of Payment laws
• Enforcing statutory rights to payment of Payment Claims
• Preparing and defending liquidated damages claims
• Defective workmanship and breach of statutory warranties
• Delay and liquidated damages claims
• Disputes in relation to Residential building work
• Submission of claims for extensions of time
• Advising on termination rights
• Advising on latent conditions
• Advising on rights to have recourse to security
• Applying for and defending bank guarantee injunction proceedings

Summers Legal can assist with managing and resolving such disputes through:

• Negotiation and Mediation
• Adjudication under the Construction Constructions Act 2005 WA
• Expert determination (by way of expert determination clause in a contract)
• Arbitration
• Litigation