Building+Construction

Hemming+Hart Lawyers have experience in advising on all legal aspects of building and construction. The experience and knowledge of our team is well established in the construction industry.

We pride ourselves on keeping in step with the latest developments in the building and construction industry to ensure that the best service and advice is provided to our clients.

The building and construction team at Hemming+Hart have extensive experience with acting for and against the Queensland Building Services Authority’s (QBSA) and have a longstanding relationship with the QBSA.

We also enjoy a close working relationship with the Queensland Master Builders Association (QMBA) and our firm is a sponsor of the Gold Coast, Mackay and Whitsundays regions of the QMBA.  We act on behalf of numerous QMBA members and offer regular advice and support to members.

Our firm is also a member of the Housing Industry Association (HIA) and Craig Sawford is a member of the Legal and IR Committee of the HIA.

Our dedicated professional staff specialise in all matters relating to the Queensland Building Services Authority Act, the Queensland Civil and Administrative Tribunal Act, the Domestic Building Contracts Act, the Subcontractors' Charges Act and the Building and Construction Industry Payments Act and the Building Act. Although our firm is Queensland based, our staff also have experience in building legislation in other Australian jurisdictions.

Our clients range from government, property developers, builders and homeowners, to small and medium sized contractors.

Expertise

Our lawyers have specific expertise in the areas listed below:

• pre-contractual negotiations and project structuring; 
• risk management and compliance; 
• contract preparation and negotiation of all forms of building and engineering contracts; 
• providing advice regarding relevant state and federal building legislation including security payment legislation; 
• Subcontractors’ Charges;
• domestic and commercial building disputes;
• acting for and against the QBSA in administrative review proceedings commenced by builders or homeowners including reviews of directions to rectify, license applications and scope of works; and
• construction litigation (including claims for breach of contract and negligence and claims under the Trade Practices Act 1974).

Experience

Our experience extends to the specific areas listed below:

Contract drafting

• drafting amendments and advising regarding  client specific special conditions to be included in standard form construction contracts including QMBA contracts, Australian Standards (AS 2124, AS 4000, AS 4300, AS 4902 and AS 2545), HIA contracts, the QBSA suite of contracts and the SPASA contract; 
• drafting contracts compliant with the Domestic Building Contracts Act; 
• advice on contract administration and risk management; and 
• drafting various other contracts and agreements including construction management agreements, joint venture agreements, sales commission agreements, employment agreements and confidentially agreements.

Claims under the Building & Construction Industry Payments Act (BCIPA)

• drafting payment claims and payment schedules; 
• drafting adjudication applications and responses; 
• providing advice on the application of the BCIPA (and equivalent legislation in other jurisdictions); 
• enforcing adjudication decisions; 
• providing in-house training to clients on how to deal with BCIPA related issues; and
• setting aside improper adjudication decisions.

Subcontractors' Charges

• drafting subcontractors' charges; 
• enforcing subcontractors' charges; 
• advising subcontractors’, head contractors, developers and liquidators in relation to their obligations under the Subcontractors’ Charges Act; and 
• providing in-house training to clients on how to deal with Subcontractors’ Charges.

Queensland Building Services Authority (“QBSA”)

We have expertise in matters involving the QBSA including:

• licence applications; 
• contract compliance; 
• applications for permitted individuals; 
• directions to rectify;   
• insurance claims;  and 
• applications to cancel or suspend licences.

We have also acted for and against the QBSA in review proceedings commenced by builders or homeowners including reviews of the following decisions: 

• directions to rectify; 
• licence cancellations and refusal of permitted individual applications; and 
• refusal of insurance claims.

We have also acted both for and against the QBSA in relation to disciplinary proceedings against private certifiers and builders.

Domestic Building Contracts Act

Our lawyers have specific experience in:

• ensuring that our clients domestic building contracts comply with the Domestic Building Contracts Act; 
• assisting in dispute resolution encompassing compliance with the Domestic Building Contracts Act.

Construction Litigation

• acting for homeowners and builders in contractual disputes in Queensland Civil and Administrative Tribunal (QCAT) (formerly Commercial and Consumer Tribunal and Queensland Building Tribunal); 
• applications in QCAT including applications for extension of time, applications for legal representations, costs applications; 
• acting for commercial contractors, principals and builders in various Supreme Court and District Court proceedings; 
• drafting all forms of notices under construction contracts; 
• acting for engineers in relation to disciplinary prosecution brought by the Board of Engineers; 
• acting for builders to recover monies owed under building contracts; and 
• acting for homeowners and developers in defending claims for monies owed under building contracts or for defective or incomplete works.

Contract Administration

Assisting our clients with contract administration including progress claim preparation, variation claims, EOT claims and delay/damages claims.