Whether you are a builder, contractor or someone looking to engage a builder, we can provide timely commercial advice on all aspects of building contracts.

Tisher Liner FC’s Construction Law practice area can assist clients with the following construction legal requirements:

  • Review and preparation of commercial building contracts;
  • Review and preparation of contractor agreements; and
  • Dealing with claims and issues concerning the Building and Construction Industry Security of Payment Act.

Our expert lawyers can also assist with commercial and residential building disputes and provide advice in respect to commercial and residential building contracts.

Whether you are a home owner, builder, contractor or developer, building disputes can delay your project and become costly. TLFC have experience dealing with building disputes through the Victorian Civil and Administrative Tribunal (VCAT) and Courts. Our litigation experts can assist with settlements at mediation to prevent lengthy and expensive trials where successful parties are not guaranteed to recover legal costs.

We can also advice on multi-unit buildings, acting on behalf of Owners Corporation and Strata managers in Victoria.


Security of Payment Act

The Security of Payment legislation protects businesses operating in all jurisdictions of Australia. We have a broad knowledge of the operation of the statutes and their effect on businesses in the construction industry.

We can advise businesses about their rights regarding payments to ensure there is compliance with the legislation. Our most regular services in this regard are:

  1. Contracting. Before you start work, it is important to get the contractual arrangements right first. We can advise and prepare construction contracts for any type of job.
  2. Progress Claims. We can assist in recovering debts owed by clients when the client does not want to pay the full amount owing.  We can provide you the tools and assistance to submit claims which are compliant with the legislation to maximise your prospects of recovery.
  3. Payment Schedules. We can assist and advise on the necessity and process of providing detailed payment schedules to avoid disputes and to meet the requirements of the legislation.
  4. Adjudications. We can assist with and run adjudication disputes whereby you can enforce your rights under the Security of Payment Act  in a cost effective manner.

Security for payments is a difficult area which is not understood by many businesses. It is important that the legislation is strictly complied with to ensure that you maximise recovery of amounts owing in a costs effective way and as quickly as possible. Contact us for more information or assistance.

"*" indicates required fields


Our Experts

View All
Special Counsel BA, LLB

Jeremy Quah

Jeremy has extensive experience in advising small and medium size enterprises on general commercial matters including...
Associate LLB (Hons)

Sarah Gilcrist

In 2021, Sarah undertook further study with the College of Law, completing a Master of Laws (Applied Laws) majoring...

Related Articles

View All
Construction / Owners Corporations / Planning

Occupancy permits – the ticking clock in defective building work

Where multiple occupancy permits are issued in relation to a building permit, which permit is the operative permit for...
Read More
Commercial Contracts & Agreements / Construction / Construction

My builder has gone into liquidation. What do I do?

In recent times it seems like a week doesn’t go by without another building company becoming insolvent as...
Read More
Construction / Construction / Developments

TLFC Law’s Blog Highlights for 2019

Read on for our 2019 blog highlights The Sun Sets on Developer Rights PROPERTY LAW Following lengthy discussions in...
Read More
Construction / Construction

Security of Payments Act Lessons from 2019

On the global financial front, the trade-war between the US and China continue to brew whilst Great Britain continues...
Read More
Construction / Owners Corporations / Owners Corporations & Strata

How the Lacrosse Tower fire prompted a shake-up of the Australian Building and Construction Industry

The State Government has committed to directly fund half of this $600 million package, and plans to introduce changes...
Read More
Construction / Construction

Quantum Meruit Claims in Construction Contracts

Generally a quantum meruit claim cannot be made if there is an existing contract on foot between the parties that...
Read More
Construction / Construction

Demystifying the Adjudication Process

It applies to any construction work and/or related goods and services carried out in Victoria The purpose is to offer a...
Read More
Construction / Construction

Mutual Recognition- an assessment of equivalence

The High Court has rejected the Victorian Building Authority’s attempts to impose its own level of assessment of...
Read More
Construction / Construction

When it all Ends in Tears: The Importance of Domestic Building Contracts Part 2

Legal advice is crucial to mitigate risks faced during the building process However, not all risks can be fully avoided...
Read More
Construction / Property & Development / Construction

What Developers should look for in a Vendor Statement

The Vendor Statement in particular is often the starting point for a developer’s due diligence enquiries and it is...
Read More
Construction / Construction

Look before you Leap: The Importance of Domestic Building Contracts Part 1

The process can be a logistical nightmare requiring coordination of council permits, architects plans, engineering...
Read More
Construction / Construction

A Tale of Two Cities: Laws Diverge on SOPA Protections for Insolvent Claimants

These protections are contained in the Building and Construction Industry Security of Payment Act 2002 (Vic) and...
Read More