Don't let a payment dispute ruin your budgeted profit. Be it commercial or residential, we can help.
Our lawyers have extensive experience in building and construction payment disputes. For example, Samantha Cohen (Cohen Legal’s Principal) has instructed Queen’s Counsel in the High Court in relation to a matter under the Building and Construction Industry Payments Act 2004, in which the application of that legislation to mining leases was considered. Sam’s client was successful in opposing the application for leave to appeal.
Further, we can advise on the various options available to resolve such disputes.
Aside from the ‘back-end’ work we do (debt recovery, contract administration), we also do ‘front-end’ work namely, pre-contract review and advice. We appreciate that contractors often sign contracts because it means work and money coming in. But by not taking the time to read and comprehend all of the terms and conditions is risky, especially if the job goes bad. Being aware of the pitfalls can make a huge difference.
It may also mean that the profit you budgeted for in the job is not wasted in expensive court litigation.
Time limits can apply under your contract. Delay may restrict your options or remove some options all together. Get some clarity now.
Building Industry Fairness (Security of Payments) Act 2017
You’ve sent or received a payment claim. A payment schedule is the next step. Need to file or respond to an adjudication application? Before you try this yourself, get our advice. Tight timelines apply. You need to act now. The consequences of getting it wrong can be disastrous.
Subcontractor’s charges proceedings
If there is a head contractor involved and you’re owed money, this might be the better way to go. Call us to discuss how to make a notice of claim of charge. There are important things you must do and time limits that apply.
QBCC (Queensland Building and Construction Commission) licensing issues and proceedings
Threats have been made that you’ve performed unlicensed building work. There’s an allegation you’re a permanently excluded individual. You’ve received an infringement notice. Do not delay if you’ve received a letter from the QBCC, as it can get you in serious trouble.
Contract review and advice including pre-contract advice
Ready to go or you’ve just won the job? Make sure you understand what’s on the table. It’s important you understand the contract mechanisms for lodging progress claims and extensions of time to the date for practical completion.