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Building & Construction Lawyers Sydney Can Rely On
- Construction and Building Disputes
- Building Defects, Delays and Claims
- Debt Recovery and Adjudication
- Delivery of Major Projects
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Providing Practical Legal Solutions & Advice To:
Builders & Contractors
Supporting you with getting paid, resolving disputes and compliance and contract guidance.
Home Owners
Guarding homeowner interests in home builds, renovations and builder disputes with expert advice.
Developers
Facilitating project success with compliance, dispute management, and legal & commercial support.
Project Managers
Ensuring smooth project delivery with expert contract administration and legal support.
Tradespersons
Helping you secure payments, navigate contracts, and resolve disputes efficiently.
What is Building and Construction law in NSW?
In NSW, construction law is the branch of law that deals with the legal aspects of building and construction projects, such as contracts, disputes, liability, insurance, licensing and regulation. In New South Wales (NSW), Australia, construction law is governed by various legislation and common law principles.
- The main legislations that govern construction law in NSW are the Building and Construction Industry Security of Payment Act 1999 (NSW) which provides a mechanism for resolving payment disputes between parties in the construction industry;
- the Home Building Act 1989 (NSW) which sets out the rights and obligations of homeowners and builders in relation to residential building work; and
- the Environmental Planning and Assessment Act 1979 (NSW), which regulates the planning and approval process for development projects in NSW.
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We Are Here To Support You In Your Building & Construction Law Matter
When it comes to building and construction projects in Sydney and across New South Wales, you need a legal team with deep industry knowledge and expertise. At PBL Law Group, our building and construction lawyers are renowned for providing strategic guidance that protects our clients’ interests throughout the entire project lifecycle.
From drafting airtight contracts that mitigate risks to resolving complex construction disputes, we offer end-to-end legal advice tailored to the unique needs of builders, contractors, developers, homeowners, and all industry stakeholders. No project is too large or too small – our experience spans everything from residential renovations to billion-dollar infrastructure developments.
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Comprehensive Construction Law Services
Our full-service construction law practice covers all facets of the building and construction process in Sydney and New South Wales. We deliver personalised legal counsel and representation across four core service areas:
- Contract Drafting, Review & Negotiation
- Construction Dispute Resolution
- Project Advisory & Transaction Support
- Workplace Safety, Insurance & Liability
Contract Drafting, Review & Negotiation
The foundation of any successful construction project is a well-drafted, legally binding contract that clearly defines the scope of building work, allocates risks appropriately, and safeguards all parties’ rights. Our lawyers are well-versed in all commonly used Australian Standard forms such as AS 4000, AS 2124, AS 4902, AS 4300, AS 4916, and more.
We meticulously draft, review, and negotiate construction contracts to ensure the terms are fair, comprehensive, and aligned with your best interests. Our contract services include:
Contract Drafting
- Preparing NDAs, EOIs, RFTs, and tender documents; and
- Drafting head contracts, subcontracts, consultant agreements, and supplier contracts.
Contract Review
- Conducting thorough reviews of existing contracts; and
- Advising on suitable contract models (design & construct, construction management, etc.).
Contract Negotiation
- Handling contract qualifications, departures, and amendments; and
- Assisting with procurement strategies and framework agreements.
Construction Dispute Resolution
Disputes are an unfortunate reality in the building and construction industry in Sydney and NSW. From defective workmanship and payment issues to delays, disruptions, and contract breaches, our lawyers have extensive experience resolving conflicts through a range of dispute resolution methods.
Our law firm always aim to find practical, commercially viable solutions that preserve business relationships and avoid lengthy, costly courtroom battles. However, when litigation becomes necessary, we are fierce advocates for our clients’ rights in arbitration, adjudications, and court proceedings.
Our comprehensive building dispute resolution services cover:
Claims & Disputes
- Defective and incomplete work claims;
- Breach of contract claims and payment disputes;
- Home warranty insurance claims;
- Building defects claims; and
- Professional negligence and liability claims.
Statutory Claims
- Security of Payment Act claims and adjudications; and
- Home Building Act 1989 (NSW) advice and litigation.
Dispute Resolution Methods
- Insurance coverage disputes;
- Expert determinations and representations; and
- Arbitrations and court litigation.
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Project Advisory & Transaction Support
Leverage our team’s multidisciplinary expertise from the project planning and initiation phases all the way through to completion and handover. Our law experts frequently advise clients on a wide range of matters, including:
Project Initiation & Delivery
- Assessing project feasibilities and development opportunities;
- Selecting suitable project delivery models (design-bid-build, CM at-risk, etc.); and
- Setting up joint ventures, framework agreements, and panel arrangements.
Transactions & Compliance
- Conducting due diligence on real estate transactions;
- Securing DA approvals and representing clients in Land & Environment Court;
- Ensuring compliance with planning, zoning, and building code regulations; and
- Handling licensing requirements for building practitioners.
Consulting & Regulatory
- Reviewing and negotiating consultant contracts and professional appointments; and
- Advising on regulatory reforms impacting the construction industry.
Workplace Safety, Insurance & Liability
Construction sites pose numerous health, safety, and liability risks that must be carefully managed. Our lawyers guide clients on mitigating exposures stemming from workplace accidents, professional negligence claims, public liability issues, statutory violations, and more.
Our services in this area encompass:
Workplace Safety
- Providing advice on WHS regulations and contractor responsibilities; and
- Defending prosecutions related to safety breaches and incidents.
Insurance
- Reviewing insurance policies and assisting with claim preparations; and
- Insurance coverage disputes.
Liability & Misconduct
- Representing clients in contractor licensing and misconduct proceedings;
- Handling public liability claims and property damage disputes; and
- Advising on risk management strategies and contractual indemnities.
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What Makes PBL Law Group Different
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Extensive Experience & Expertise
With over 50 years of collective experience, our team of building and construction lawyers has navigated countless legal challenges and complex cases across the industry. From large-scale developers to individual contractors, we have the expertise to advise on intricate construction matters and provide strategic guidance to protect your interests and ensure successful project completion.
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Transparent & Fair Pricing
We understand that legal services for building and construction projects can be a significant investment. That's why we offer transparent and upfront pricing for all legal matters, ensuring you have a clear understanding of the costs and fees involved.
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Personalised Approach
At PBL Law Group, we recognise that every construction project is unique, with distinct goals, challenges, and legal requirements. Our building and construction lawyers take the time to understand your project's specific circumstances, stakeholder dynamics, and desired outcomes, enabling us to tailor our approach and legal advice to your situation.
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Responsiveness & Accessibility
We pride ourselves on our responsiveness and accessibility. Our building and construction law experts are committed to providing prompt and efficient communication, ensuring that you're kept informed every step of the way.
Expert Lawyers Sydney and NSW can Trust
Raea Khan
Partner & Director Lawyer
Iain Mark
Partner
Alex Ilkin
Principal Strata Lawyer
David Prior
Sharon Banning
Lawyer
Peggie Pantsos
Lawyer
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Why PBL Law Group for Building & Construction Law?
Whether you require comprehensive legal support or targeted advice on a particular matter, our expert building and construction lawyers are committed to delivering exceptional service and practical solutions that protect your interests, minimize legal risks, and ensure the smooth completion of your construction projects. Our construction lawyers are dedicated to helping developers, contractors, and property owners navigate the complex world of building and construction law.
As experienced building and construction lawyers, we understand the unique challenges faced by those involved in construction projects. We offer a variety of building and construction law services to support your needs at every stage of your project. Our lawyers are highly skilled in areas such as contract drafting and negotiation, dispute resolution, regulatory compliance, and the preparation of essential documents that are compliant with the laws and regulations governing the construction industry in your jurisdiction.
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FAQs about Construction Law
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What does your firm specialise in?
Our firm specialises in building and construction law, offering comprehensive services for all legal matters related to the construction industry and construction projects. From advising on contracts to resolving disputes, we cover all aspects of the building and construction sector.
How can your team assist with construction contracts?
Our construction lawyers are well-versed in handling a wide range of construction contracts, ensuring that all legal aspects are sound and in compliance with statutory regulations. We provide guidance on contract drafting, negotiation, and interpretation to protect our clients’ interests.
Do you handle disputes within the construction industry?
Yes, we have extensive experience in resolving construction disputes through various means such as negotiation, mediation, arbitration, or litigation. Our team aims to find efficient and effective solutions to disputes that may arise during construction projects.
What legal issues do you cover in the Australian building and construction law?
Our services encompass all legal issues within the Australian building and construction industry, including compliance with security of payment legislation, building contracts, and safety legislation. We stay updated on the latest legislation amendments to provide accurate advice.
How do you assist subcontractors in the construction field in new South Wales in 2025?
Our services encompass all legal issues within the Australian building and construction industry, including compliance with security of payment legislation, building contracts, and safety legislation. We stay updated on the latest legislation amendments to provide accurate advice.
What should I do when my construction project experiences delays?
If a construction project suffers delays, the principal, contractors and subcontractors may have different options depending on the cause and extent of the delay, as well as the terms of the contract. Some possible options are:
- Claiming an extension of time (EOT) to complete the work without being liable for liquidated damages or penalties. This option is usually available if the delay is caused by factors beyond the control of the parties, such as adverse weather, force majeure events, or variations ordered by the principal.
- Claiming additional costs or damages for the delay. This option is usually available if the delay is caused by the breach or negligence of the other party, such as failing to provide access to the site, defective work, or interference with the work.
- Terminating the contract for repudiation or frustration. This option is usually available if the delay is so severe that it makes the completion of the work impossible or impracticable, or if it shows that the other party has no intention to perform their obligations under the contract.
However, these options are not always straightforward and may depend on various factors such as the type of contract, the notice requirements, the evidence of delay and its impact, and the dispute resolution process. Therefore, it is advisable to seek legal advice from a specialist construction law firm before taking any action in relation to a delayed construction project.
What are some examples of high-risk areas in construction contracts?
Construction contracts in NSW involve various areas of high risk that are important and every client should be aware of. Some of these areas are:
- Deadlines for claims: The Building and Construction Industry Security of Payment Act 1999 sets strict timeframes for making and responding to payment claims. Failing to meet these deadlines can result in losing the right to claim or dispute a payment.
- Mandatory notices: The principal and the contractor are required to give each other certain notices under the contract, such as notices of delay, variation, dispute, suspension or termination. These notices must comply with the contract terms and be given within the specified time limits, otherwise they may be invalid or ineffective.
- Administrative requirements: The contract may impose various administrative obligations on the parties, such as keeping records, submitting reports, attending meetings, obtaining approvals, effecting insurance and providing security. These requirements must be fulfilled to ensure the smooth running of the project and to avoid breaches or disputes.
These are just some examples of the high-risk areas in construction contracts that can lead to legal difficulties if not carefully addressed and managed. If you are dealing with these concepts, we recommend seeking legal support from PBL Law Group’s legal specialists in construction law.
I'm a contractor and I am owed payments. What should I do?
If you are a building and construction contractor who has completed work or supplied goods or services for a project, you have the right to receive payment by the due date. However, sometimes you may face a situation where the other party does not pay you on time or at all. This can cause serious financial and legal problems for your business. In such cases, you should take action as soon as possible to recover your money and protect your interests.
One option is to use the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act), which allows you to make a payment claim and apply for adjudication if the claim is disputed or ignored. The SOP Act is designed to provide a fast and cost-effective way to resolve payment disputes in the industry.
Another option is to issue a letter of demand, which is a formal request for payment that sets out the amount owed, the deadline for payment, and the consequences of non-payment. A letter of demand can sometimes prompt the debtor to pay or negotiate a settlement. If the letter of demand is unsuccessful, you can also issue a statutory demand, which is a legal notice that requires the debtor to pay within 21 days or face the risk of being wound up by the court. A statutory demand can only be used if the debtor is a company and the debt is over $2,000.
Alternatively, you can try to reach a commercial settlement with the debtor through alternative dispute resolution (ADR) methods, such as mediation, arbitration, or expert determination. ADR can be a cost effective way to help you avoid or minimise litigation and preserve your business relationship with the debtor. However, ADR requires both parties to agree to participate and abide by the outcome. We highly recommend seeking proper legal advice on your unique situation to ensure your rights are properly enforced.
I am involved in a construction dispute. What should I do?
If you are involved in a construction project in NSW and you have a disagreement with another party, you should try to resolve it as quickly and amicably as possible. Disputes can cause delays, costs and stress for everyone involved. For example, you may face penalties for breaching your contract, or lose your right to claim payment for your work. You may also damage your reputation and relationship with the other party. Therefore, you should try to negotiate a settlement with the other party or use alternative dispute resolution methods such as mediation or arbitration. These methods are usually faster, cheaper and more flexible than going to court. They can also help you preserve your relationship and find a mutually acceptable solution.
However, if these options fail, you may need to take legal action in the appropriate court or tribunal. Depending on the nature and value of your dispute, you may need to apply to the NSW Civil and Administrative Tribunal (NCAT), the Local Court, the District Court or the Supreme Court. However, before you do so, you should seek professional advice from a construction lawyer who can assess your situation and advise you on the best course of action. A law firm specialising in construction law matters can help provide the right legal advice for you to resolve any current disputes relating to a construction project and prevent future disputes.
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Common Construction Legal Issues and Your Next Steps
What to do when your project experiences delays
Strata living and developments are governed by the Stata Schemes Management Act 2015 (NSW) and Strata Schemes Development Act 2015 (NSW). These two acts provide relevant rights of management and obligations on the owners corporation and lot owners. It’s crucial that owners within strata schemes understand their rights and responsibilities.
The strata plan identifies the common property, and the by-law governs its usage. If the dispute arises because of common property, management and voting, it is best that issues are firstly documented and served formally in writing with details of your concerns. This way, the owners corporation and the lot owner have an understand of what the specific issues are to resolve.
For unresolved issues, the parties are required to proceed in most cases to mediation at Fair Trading and if unsuccessful to the NSW Civil and Administrative Tribunal (NCAT). It is essential to remember that resolving strata disputes often involves negotiation and compromise, but the objective is always to secure harmonious living for everyone within your strata scheme.
What to do when you discover building defects
Discovering building defects in a strata property in NSW, Australia can be distressing, costly and daunting. The first crucial step is to consult with building professionals who can offer advice in relation to the extent of the damage and potential remedies. This typically involves a building and construction specialist to accurately identify the areas of defective building work.
It may also be necessary to seek legal advice from a construction and strata law firm to guide you through the rights and obligations involved with who is responsible to repair defects. If disputes over the defective building work arise, a litigation and dispute resolution lawyer may be needed to mediate or represent you in court ensure a fair and equitable resolution.
What to do when you are in a dispute about maintenance of common propert
When involved in a dispute regarding the maintenance of common property within the context of strata living, it’s essential to know your options. Under the section 106 of the Strata Schemes Management Act 2015 (NSW), the Owners Corporation have certain obligations regarding the upkeep of shared spaces in the strata complex. If you find yourself in a dispute about common property defects and who is responsible, it is best to formally write to the strata committee and strata manager to advise them of the defect. .
If the parties agree to a resolution, a more formal approach may be required. This could involve raising the issues within a general meeting or obtaining legal advice from specialist strata lawyer.
What to do when you creating a new Owners Corporation
When creating a new Owners Corporation in NSW, there are several legal matters relating to residential strata that must be handled appropriately. Firstly, you will need draft by-laws, potentially require a strata management statement for stratum lots or a building management statement. These documents will outline the rules and regulations relevant to the strata living, providing a framework for governance of strata issues or disputes that may arise. As an owner in a strata, it is also crucial to understand all aspects of strata management to ensure the smooth running of the strata complex. This encompasses everything from general maintenance and repairs, to dealing with legal issues concerning disputes and building regulations. Further, where necessary, the Owners Corporation may need to seek legal advice or representation in the event of a complex strata issue so it is imperative to stay informed and proactive when creating a new Owners Corporation to avoid potential difficulties down the track.
FAQs about Construction Law
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
What to do when your project experiences delays
Strata living and developments are governed by the Stata Schemes Management Act 2015 (NSW) and Strata Schemes Development Act 2015 (NSW). These two acts provide relevant rights of management and obligations on the owners corporation and lot owners. It’s crucial that owners within strata schemes understand their rights and responsibilities.
The strata plan identifies the common property, and the by-law governs its usage. If the dispute arises because of common property, management and voting, it is best that issues are firstly documented and served formally in writing with details of your concerns. This way, the owners corporation and the lot owner have an understand of what the specific issues are to resolve.
For unresolved issues, the parties are required to proceed in most cases to mediation at Fair Trading and if unsuccessful to the NSW Civil and Administrative Tribunal (NCAT). It is essential to remember that resolving strata disputes often involves negotiation and compromise, but the objective is always to secure harmonious living for everyone within your strata scheme.
What to do when you discover building defects
Discovering building defects in a strata property in NSW, Australia can be distressing, costly and daunting. The first crucial step is to consult with building professionals who can offer advice in relation to the extent of the damage and potential remedies. This typically involves a building and construction specialist to accurately identify the areas of defective building work.
It may also be necessary to seek legal advice from a construction and strata law firm to guide you through the rights and obligations involved with who is responsible to repair defects. If disputes over the defective building work arise, a litigation and dispute resolution lawyer may be needed to mediate or represent you in court ensure a fair and equitable resolution.
What to do when you are in a dispute about maintenance of common propert
When involved in a dispute regarding the maintenance of common property within the context of strata living, it’s essential to know your options. Under the section 106 of the Strata Schemes Management Act 2015 (NSW), the Owners Corporation have certain obligations regarding the upkeep of shared spaces in the strata complex. If you find yourself in a dispute about common property defects and who is responsible, it is best to formally write to the strata committee and strata manager to advise them of the defect. .
If the parties agree to a resolution, a more formal approach may be required. This could involve raising the issues within a general meeting or obtaining legal advice from specialist strata lawyer.
What to do when you creating a new Owners Corporation
When creating a new Owners Corporation in NSW, there are several legal matters relating to residential strata that must be handled appropriately. Firstly, you will need draft by-laws, potentially require a strata management statement for stratum lots or a building management statement. These documents will outline the rules and regulations relevant to the strata living, providing a framework for governance of strata issues or disputes that may arise. As an owner in a strata, it is also crucial to understand all aspects of strata management to ensure the smooth running of the strata complex. This encompasses everything from general maintenance and repairs, to dealing with legal issues concerning disputes and building regulations. Further, where necessary, the Owners Corporation may need to seek legal advice or representation in the event of a complex strata issue so it is imperative to stay informed and proactive when creating a new Owners Corporation to avoid potential difficulties down the track.
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