Construction

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.