Construction and Projects

MVM Legal acts for clients on both sides of a building contract, such as Developers, Contractors, Sub-contractors and property owners. Our experience in building and construction law ranges from large scale multi story developments through to dividing fence issues.

In many instances contracts contain a dispute resolution clause. We believe that a majority of matters can be resolved at the dispute resolution stage, which benefits all parties to the contract in both time and cost.

Both sides to a contract have rights and it is important that those rights are explained clearly and concisely. We specialise in providing pre-contractual advice to parties to a building contract so as they are not taken by surprise once the contract has been entered into and building works have commenced. Our experience indicates that many disputes arise out of parties not fully understanding the terms in the contract. In this regard pre-contractual advice can ensure that both parties know what they can expect from the contract which can reduce any delay and additional costs.

We offer advice and representation in the following building and construction law areas:

Sub Contractors Charges, including:

• Preparation and service of a Sub Contractors Charge on behalf of Sub Contractors
• Review of a Sub Contractors Charge received by an employer or contractor
• Commencing or defending proceedings under the Sub Contractors Charges Act 1974

Claims made pursuant to the Building and Construction Industry Payments Act 2004, including:

• Preparation of a Payment Claim
• Preparation of a Payment Schedule
• Preparation of an Adjudication Application
• Preparation of an Adjudication Response
• Reviewing an Adjudicator’s Decision
• Obtaining an Adjudication Certificate
• Obtaining a Judgment Debt based upon an Adjudication Certificate

Queensland Civil & Administrative Tribunal Applications for review of decisions made by the Queensland Building Services Authority against a licensee, such as:

• A decision to deem a licensee an excluded individual
• A decision to deem a company an excluded company
• A decision not to categorise an individual as a permitted individual
• A decision to issue an Infringement Notice or Direction to Rectify on a licensee

Queensland Civil & Administrative Tribunal Applications regarding domestic/residential building work – for either the home owner or builder, such as:

Proceedings commenced by the home owner against the builder for:

• defective works
• breach of contract
• delay

Proceedings commenced or defended by the builder against the home owner for:

• breach of contract
• failure to pay contract price and/or variations
• allegations of defective works

Contractual advice regarding your rights and liabilities under a building/construction contract

Supreme/District or Magistrates Court matters involving:

• Proceedings commenced under the Sub Contractors Charges Act 1974
• Reviewing an Adjudicator’s Decision under the Building and Construction Industry Payments Act 2004
• Enforcing an Adjudicator’s Decision under the Building and Construction Industry Payments Act 2004
• Proceedings commenced under a relevant building/construction contract for negligence, breach or repudiation of that Contract
• Enforcing a final decision of the Queensland Civil and Administrative Tribunal through a Court of competent jurisdicition