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Construction can be a fickle business at times – at any given time, you may be floored due to bad weather delays, skill shortages, compressed profit margins due to contracts struck under economic pressures, or difficulties in securing project funding… these issues and more have left certain major projects vulnerable and at high-risk of coming under fire for a construction industry dispute.
The Building and Construction Security of Payment Act 1999 is the primary legislative instrument regulating payment practices in building and construction. The primary objective of the Act is to promote the flow of progress payments by providing a statutory right for progress payments and a mechanism to quickly and fairly resolve disputes about payments.
Our litigation and dispute resolution team act for a wide variety of clients in relation to construction, including property owners, developers, builders, contractors, sub-contractors, suppliers, architects, engineers, project managers, plant and equipment hirers and consultants. Contact us today to see how we can help you with your firm’s litigation and dispute resolution issues.
Clients often say that they are confused about what legislation applies and are not able to decipher whether to make a claim under the Act. CM Lawyers are able to assist eligible contractors against principals/developers, subcontractors against contractors, suppliers against customers, plant and equipment hirers against clients and consultants to make a claim and advise on eligibility.
The Act does not apply to contracts with homeowners who live in, or intend to live in, the dwelling where the work is being carried out. These contracts remain controlled by the Act. The Act extends to include on-the-job materials supplied by subcontractors, consultants and suppliers to contractors who have contracts with such homeowners. Importantly, the Act also covers residential work involving investment properties, landlords, strata title bodies corporate, developers, builders, contractors, subcontractors, consultants and suppliers.
CM Lawyers’ dispute resolution team implements innovative strategies for construction dispute resolution to avoid litigation. However, in the case that litigation is unavoidable, CM Lawyers will aggressively protect their clients’ interests, conducting litigation in a strategic manner that maximises efficiencies.
