Construction
Construction disputes can be costly, time consuming, and disruptive to your project. When faced with a contract dispute, defect claim, or payment issue, it's important to act quickly and with the right advice.
Timely, strategic advice can often resolve construction disputes before they escalate into formal proceedings.
Construction Law
Finn Roache's construction law team acts for builders, developers, subcontractors and homeowners across every stage of a project — from contract negotiation through to dispute resolution. We help you quickly identify the strengths and weaknesses of your position, advise on the merits of any available alternatives to litigation, and assist you to develop a clear path to the best possible commercial outcome.
As trusted advisors, we'll guide you step by step, ensuring you understand the risks, possible outcomes, and costs involved. Our team includes specialist advocates and construction lawyers, so you'll always have tailored advice no matter the nature of your project or dispute. Where appropriate, we work collaboratively with experts such as quantity surveyors, building consultants, and forensic accountants to effectively present your case throughout negotiations, adjudication, or court proceedings.
If your matter proceeds to litigation, we'll be with you throughout every step of the process. Our lawyers are experienced across NSW and QLD jurisdictions, including the NSW Civil and Administrative Tribunal, District and Supreme Courts, and have represented clients in a wide range of complex construction and building matters. We diligently pursue our clients' rights and entitlements with a view to mitigating future risk and securing the best available outcome.
We offer services across:
- Building and construction contracts
- Sub-contract agreements
- Tender preparation and review
- Variation claims
- Building and construction disputes
- Defective and incomplete work claims
- Delay, acceleration and prolongation claims
- Security of Payment Act claims
- Adjudication and enforcement
- Home Building Act applications
- Home warranty insurance claims
- Residential building disputes
- Commercial and industrial construction disputes
- Subcontractor payment disputes
- Contractual non-performance
- Alternative dispute resolution, including mediation and arbitration
- Tribunal and court representation
- Insolvency and bankruptcy in construction contracts
- Professional negligence in the building industry
- Development approvals and planning disputes
- Strata and defect claims
- Consumer law and trade practices in construction
Successful Cases (with Michael Birch's Carriage)
Many cases are negotiated and settled before they reach a hearing. To find out more about some
of our recent, decided construction matters, click on a case below to view the judgment.
Our Construction Law Team
Legal Administrator
Paralegal
Graduate-at-Law
Senior Consultant, B.A. LL.B, LLM (Applied Law)
Solicitor || B. Com. (Dalyell Scholar) (USYD), LL.B. (USYD)
FAQs
Construction lawyers assist with contract drafting and review, dispute resolution, litigation, security of payment claims and general risk management, helping protect your interests throughout a project.
A construction contract sets out each party's rights and obligations for the life of the project. Getting it reviewed before signing helps identify unfavourable terms, clarify variation and payment processes, and reduce the risk of disputes later.
Seek advice early. Many disputes can be resolved through negotiation or mediation before they escalate to adjudication or litigation, which saves both time and cost.
Security of payment legislation gives contractors and subcontractors a fast, statutory pathway to recover payment for completed work, without needing to go through full litigation.
The Home Building Act sets out requirements for residential building work in NSW, including licensing, statutory warranties and insurance obligations. It affects both builders' obligations and homeowners' rights if something goes wrong.
Mediation involves a neutral third party helping both sides reach a voluntary agreement. Arbitration involves a third party making a binding decision after hearing both sides — similar to a private court process.