Medical Fit Out claim under Security of Payment Law and major defects litigation avoided. Injunction and Supreme Court Declaration that no reference date meant Adjudication Determination was void.

The client was a medical professional who had engaged a builder to complete a commercial fit out of his new premises. The builder’s form of contract was poor. In addition, the builder had made pre-contractual representations to the effect that it had significant experience, would take care of everything and that the client didn’t need … Read more

Project Manager bully gets a taste of his own medicine. Contract limiting time for Payment Schedule leads to Summary Judgment for $195,000 in the face of a back charges claim for over $450,000.

Roberts Legal had prepared standard form contract for the builder approximately two (2) years earlier. Among other things, the contract terms provided that a Payment Schedule under the Building & Construction Industry Security of Payment Act could only be provided within five (5) business days of receiving a Payment Claim. The builder contacted Roberts Legal for advice … Read more

Bridge supplier avoids litigation and recovers 87.5% using the Building & Construction Security of Payment Act within 14 days.

The client contracted to manufacture, supply and install a bridge in NSW. The bridge components were manufactured in France. Equipment required to erect the bridge was shipped in from Overseas. There was no formal contract for the supply of the bridge. The contract terms arose from a Quotation, terms on a Purchase Order, terms specified … Read more

Failure to document Contract Variations lead to suspension and termination dispute. Unlicenced builder defeats $370,000.00 damages claim for cost to complete. Judgement for builder with indemnity costs.

The client was a residential builder who had contracted to build a large residential premises for approximately $695,000. Shortly after the the works commenced the owner instructed the builder to perform a number of significant variation that meant that the cost of the works would increase by approximately $280,000.00. The builder failed to document a … Read more

2 year old $60,000.00 building design fee dispute resolved and recovered after Roberts Legal was engaged and Security of Payment Law rights identified.

The client was a design and construction company. The client had been engaged by a developer to design a commercial building. The contract documents were poor and broadly contemplated that the owner would only pay for the design work if the owner did not subsequently enter into a construction contract with the builder. The contract … Read more

First home buyers gets the better of builder involved in house and land package promotion. Misrepresentations and hand amendment to building contract lead to substantial cost saving.

The clients were looking at new house and land packages with the view to purchase for their own residence. They met with a selling agent for a project home builder who showed them a site within a new subdivision and provided a promotional brochure showing a split level home that they were told could be … Read more