Building & Construction

Building & Construction

Our building and construction lawyers Perth regularly advise clients in relation to building and construction matters and disputes ranging from home building contracts through to large scale commercial, industrial and mining projects.

We provide constructive advice in plain English, from contract formation (including tenders) to dispute resolution procedures, including adjudications and arbitration.

At the formation stage, we work closely with our clients to understand their business (including their risk profile) in order to draft and negotiate contracts that provide certainty and a degree of comfort.

Once work begins, there are certain types of disputes that arise over and over again including alleged defects, where works are variations (especially in the context of lump sum contracts), EOT claims, the application of liquidated damages and payment disputes.  If and when they do arise, our lawyers draw on their knowledge and experience to provide strategies for achieving a positive outcome.  We will assist you to understand your rights and your responsibilities so that you can make your own fully informed decisions about the conduct of your matter.

For example, when payment disputes arise, you may be able to submit the payment dispute to adjudication under the Construction Contracts Act 2004 (WA).  The adjudication process is based on the principle “pay first, argue later” and involves an independent adjudicator determining the amount that they believe is due and payable.  At Fletcher Law, we can assist you to understand the process as well as act on your behalf in relation to the preparation or defence of adjudication applications.

Many contracts will include a provision that any disputes that cannot be resolved through mediation go to arbitration.  In Western Australia the arbitration process is governed by the Commercial Arbitration Act 2012 (which is based on model international laws).  The function of the arbitrator is to determine the dispute much in the same way that a judge would.  The arbitrator’s decision is final, subject to limited rights of appeal.  We can help you navigate the arbitration process to a successful outcome.

Our Perth building and construction lawyers have also acted for clients in relation to a wide range of home building disputes under the Home Building Contracts Act 1991 as well as providing representation before the Building Commission (this role was formerly undertaken by the Building Disputes Tribunal) and any necessary applications to the State Administrative Tribunal.

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Conducting business as a partnership

23rd March 2018

What is a partnership? A partnership is the relationship which exists between “persons” (see below) who carry on a business in common with a view to profit. In Western Australia, partnerships are governed by the Partnership Act 1895. There are two types of partnerships, “general” and “limited”. A general partnership is one in which all... read more

I just want to get paid!

20th March 2018

Fletcher Law receives a substantial number of enquiries from subcontractors, in the construction industry, about delayed or non-payment for works completed on construction projects. This is at a time when news about construction companies running into financial problems, leaving unpaid subcontractors in precarious positions, is all too common. The delayed payment or non-payment of accounts... read more

To send or not to send

16th October 2017

Direct Marketing under Australian Privacy and Spamming Laws Before you hit send on that commercial electronic message (including, amongst others, emails and SMS messages) (“CEM”) you should be aware of the application of Australian privacy and spam laws. Finding electronic addresses online or purchasing a list from a business to business list supplier (“B2B List... read more