Adjudication – 4 Common Pitfalls for Applicants and Respondents The Building and Construction Industry Security of Payment Act 1999 (the Act) is an incredibly effective
Ned’s considerable experience in the construction industry before coming to the law makes him a formidable opponent for any building dispute.
Principal, Senior Solicitor
Ned Mortensen is a building dispute resolution and security of payment law expert. He assists builders, subcontractors, developers and home owners across New South Wales to negotiate, administer and enforce Construction Contracts and Residential Building Contracts.
Ned is a senior member of the Commercial Litigation Team and Building and Construction Law teams. He practices in general litigation, commercial law, as well as company insolvency and restructuring matters.
Ned has specialist knowledge of the building and construction industry, having come to the legal profession after twenty years of working in the construction industry.
Ned’s experience in the construction industry ranges from residential housing in his early career, through to engineering and senior project management roles for some of Australia’s top tier contractors.
Ned has project managed contracts for the construction of commercial and infrastructure projects with individual contract values exceeding $200 million.
Ned has also worked extensively in client side project management, where he routinely handled disputes concerning the quality, timeliness, compliance and value of works. He is an experienced building consultant, and has appeared as an expert witness in building litigation matters.
Ned can offer expert advice on all building and construction law matters including;
- Security of Payment claims,
- Contract and subcontract disputes,
- Contract and subcontract review amendment and advice,
- Home Owner’s Warranty claims
- Residential Building Disputes
Ned’s unique mix of legal skills and practical construction industry experience allow him a clear insight into the often very technical issues that are at the heart of many building disputes. His legal expertise and construction industry experience give him an edge that puts him at ease in any construction industry matter and ensures a sound and practical understanding of the technical issues at play.
Who Ned works with
Ned works with builders and civil works contractors, property developers, clients of residential and commercial builders, construction industry professionals, individuals and companies that have suffered loss or damage through the carelessness of others, business owners and insolvency practitioners.
Most often, I find that the Issues in commercial litigation will cross many academic disciplines. Good lawyers don’t just follow the herd, but must think outside of the square and draw on multidisciplinary skills to arrive at the best outcome for their clients.
I encourage my clients to be more proactive in their approach to business procedures so that they can minimise problems and waste less time and money on reactive remedies. I believe that an ounce of prevention is worth a pound of cure.
Ned holds bachelor degrees in both Law and Construction Management, as well as a Graduate Diploma in Legal Practice.
Ned is also an adjudicator appointed by ABC Dispute Resolution Service for adjudication applications made pursuant to the Building and Construction Industry Security of Payment Act 1999.
He is a licensed builder, and also a Building Professionals Board Accredited Certifier.
Ned is admitted as a Solicitor of the Supreme Court of New South Wales and the High Court of Australia.
Ned enjoys sailing and winter snow sports, and is an ex player and avid follower of both rugby union and rugby league. He holds an unrestricted commercial pilots license, and enjoys recreational flying when he has the time. A dedicated father of three, he enjoys spending time with his kids.