BUILDING & CONSTRUCTION LAWYERS
Romans & Romans Lawyers has a team ready and waiting to help you with all of your building and construction legal needs. With our time-tested experience, we have a very firm grasp of the construction industry.
We always strive to remain up to date with the latest in the construction industry, and pride ourselves on offering only the best advice to all of our clients.
Our lawyers offer professional services in relation to the Building and Construction Industry Payments Act, the Queensland Building Authority Services Act,the Queensland Civil and Administrative Tribunal Act, the Domestic Building Contracts Act, the Subcontractors Charges Act, and the Building Act. Despite being based in Queensland, we also have experience and expertise in other jurisdictions of Australia.
Our clients range from home owners to builders, to developers and small- and medium-sized contractors in addition to institutional clients.
The Romans and Romans team is experienced in the practical issues that face builders as well as being able to “talk the talk” of the construction industry. We know the issues involved in the tendering process, entering into contracts as well as trying to get paid on time.
REGULATORY COMPLIANCE – QUEENSLAND BUILDING SERVICES AUTHORITY/QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION:
Our teams of lawyers here at Romans & Romans Lawyers have in depth experience with the QBSA/QBCC, or Queensland Building Services Authority/Queensland Building and Construction Commission, on issues from complaints of defective work to non-compliance with licensing requirements. Every day we provide advice to our clients with regards to dealing with the QBSA/QBCC.
In addition to acting for building industry participants, we have continued to act for members of the public in safeguarding their interests from initial contract advice to dealing with builders who have failed to act in a tradesmanlike manner.
We have notable experience in:
- The preparation of claims and responses to claims under the Building and Construction Industry Payments Act (QLD) 2004.
- Building disputes at the commercial and domestic levels.
- Preparing contracts and negotiating all types of building and engineering contracts.
- Giving legal advice regarding state and federal building legislation, including security of payments legislation.
- Project structuring and pre-contract negotiations.
- Subcontractors charges.
- Acting for and against the QBSA/QBCC in administrative review proceedings commenced by builders or homeowners including license applications, scope of works, and reviews of directions to rectify , and.
- Construction litigation (including claims for breach of contract and negligence, as well as other claims under the Trade Practices Act 1974 and the Competition and Consumer Act 2010.
We have expertise in the following areas:
- Drafting amendments and advising regarding client unique special conditions, included in standard form construction contracts including QMBA contracts, Australian Standards (AS 2124, AS 4000, AS 4300, AS 4902 and AS 2545), HIA contracts, the QBSA/QBCC suite of contracts and the SPASA contract;
- Drafting contracts which comply with the Domestic Building Contracts Act;
- Advice on risk management and contract administration; and
- Drafting various other contracts and agreements including joint venture agreements, construction management agreements, employment agreements sales commission agreements, and confidentially agreements.
Claims under the Building & Construction Industry Payments Act (BCIPA)
- Providing advice on how to apply the BCIPA (and equivalent legislation in other jurisdictions);
- Enforcing adjudication decisions;
- Drafting payment schedules and claims;
- Training clients on how to deal with BCIPA related issues in house;
- Drafting adjudication applications and responses; and
- Setting aside improper adjudication decisions.
Subcontractors Charges :
- Drafting and enforcing subcontractors charges,
- Advising head contractors, subcontractors, developers and liquidators in relation to their obligations under the Subcontractors Charges Act, and
- Providing training in-house to clients on how to deal with Subcontractors Charges.