Building & Construction Lawyers in Sydney, NSW

4 building & construction lawyers with offices in Sydney are listed below, including Clayton Utz, Herbert Smith Freehills (HSF), Hones Lawyers Planning & Environmental and others. Listings are compiled from public information; practices marked Claimed have confirmed their details with us. Before engaging anyone, confirm their current practising status with the Law Society of New South Wales.

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What a construction lawyer in Sydney can help with

Construction lawyers act for owners, builders, subcontractors and consultants on contracts, payment claims, defects and delay disputes, and home building complaints. Security of payment legislation in New South Wales gives contractors a fast statutory route to be paid, and home building laws set warranties and insurance requirements for residential work.

  • Building contract drafting and review (residential and commercial)
  • Security of payment claims and adjudications
  • Defective and incomplete work disputes
  • Variations, delay and extension of time claims
  • Home building warranty and insurance claims
  • Licensing and regulatory complaints
  • Termination and insolvency in construction projects

Building & Construction Law in New South Wales: what is different

Payment claims and adjudications are made under the Building and Construction Industry Security of Payment Act 1999 (NSW). Residential work is regulated by NSW Fair Trading under the Home Building Act 1989, with statutory warranties and the Home Building Compensation Fund; disputes go to NCAT.

Questions to ask before you instruct

  1. Have you run adjudications under the New South Wales security of payment legislation?
  2. What are the deadlines in my situation, counted in business days?
  3. Should this go to the tribunal or the court, and why?
  4. What will the expert evidence cost?
  5. Can you act quickly if I receive a payment claim or notice?

Costs and funding

Security of payment adjudication is fast and relatively inexpensive compared with litigation, but deadlines are short and unforgiving. Home building disputes in New South Wales usually start in NSW Civil and Administrative Tribunal (NCAT) or a specialist dispute body. Larger commercial disputes run in the Supreme Court of New South Wales. Lawyers must give you costs disclosure under the Legal Profession Uniform Law (NSW) before or as soon as practicable after starting work.

Guides from LawDirectory.au

Other practice areas in Sydney

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Frequently asked questions

What is a payment claim?

A statutory claim for progress payment under the New South Wales security of payment legislation. The recipient must respond with a payment schedule within a set number of business days or become liable for the claimed amount.

How long do I have to respond?

It depends on the State and the contract, but typically between 10 and 15 business days for a payment schedule, and only days for the next steps. Treat any payment claim as urgent.

Are there warranties on home building work?

Yes. New South Wales home building legislation implies statutory warranties about workmanship, materials and fitness for purpose, with periods that differ for structural and non-structural defects.

This page is general information, not legal advice, and inclusion in the directory is not a recommendation. See our disclaimer and how listings are compiled.

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