Expertise

Construction Law

We understand that every project and developer is unique. That’s why we tailor our advice to your needs and experience, and the requirements of the project.

Whether you are a builder or a property owner, there are many complex legal issues associated with construction projects and home renovations. At Kells, we strive to secure practical and cost-effective outcomes for our clients and have an experienced business and commercial team ready to act on your behalf.

Front-end – documentation and advisory

We have a team of highly experienced front-end construction lawyers who can prepare, negotiate and advise on numerous forms of construction and development contracts and facilities maintenance contracts.

We have a thorough knowledge of standard form construction contracts, including Australian Standards, GC21, HIA, Master Builders and IBIC.

We are retained by our clients early in projects to ensure adequate contract documentation from concept through to completion and beyond, so that risk is managed and understood. We act for both principals (including government and private clients) and contractors to both prepare and advise on contract documentation, including:

  • Tenders
  • Design and construct and construct only contracts for both greenfield sites and operational sites where redevelopment or refurbishment is being undertaken
  • Project management, architect, consultant and trades contracts
  • Facilities maintenance and preventative maintenance contracts
  • Subcontracts for contractors who have secured a head contract, ensuring that there are adequate flow down provisions
  • Construction access deeds
  • Template works and services contracts, together with contract checklist to ensure probity
  • Tripartite deeds between principal, contractor and financier
  • Joint venture agreements
  • Preparation of easements and restrictions on land for registration as a precondition to final occupation certificate.

Back-end – administration and disputes

When issues or disputes arise in the course of the project, our back-end construction lawyers will work with clients to provide timely and effective advice, with a view to helping them achieve an early resolution.

We are experienced in advising on claims under the Building and Construction Industry (Security of Payment) Act 1999 (NSW), including preparing payment claims, payment schedules and adjudication applications.

If the dispute escalates, we can advise and act for you across all forms of dispute resolution, including mediation, expert determination or arbitration. Should you be required to commence Court or NCAT proceedings, or you need to defend a claim made against you, we will work with you to understand your position and then adopt a strategy to achieve a timely and cost-effective resolution.

In addition to contract and defect claims, our team has experience acting on:

  • Environmental contamination and remediation orders
  • Work Health and Safety prosecutions
  • Statutory warranty and defect claims under the Home Building Act on behalf of both homeowners and builders
  • Claims under the Home Building Compensation Fund
  • Advising Owner’s Corporations on defect remediation works and claims.

Call our construction team today. We can work with you to manage your legal risks, so that your ROI is stronger and more secure.

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