DW Legal - Service Building and Construction

 

Building and Construction 

We are experienced in all the potential dispute issues including time related claims, variation claims, latent condition claims, quantum meruit claims, insurance claims under contractors’ all risk, public liability, quality of work claims, bank guarantee and bond performance claims.

We recognise the importance and need of avoiding or resolving building and construction disputes in a timely and commercially viable manner.  We provide advice during construction and the review of contract documentation.  Our people are experienced in superintendent functions, administrative determination, conciliation, expert appraisals and mediation. 

For those disputes that can not be resolved proactively, we are also experienced in both court and non-court methods of resolution including security of payment procedures, claims preparation, submissions, litigation, arbitration, mediation, professional indemnity and insurance claims.        

Projects on which our Principals have been engaged include:

  • Representing the owner of a prestige residential property worth $12 million in the Supreme Court and expert determination in relation to a construction dispute with the construction manager involving time delays, quality of work issues, contract interpretation, variations, and damages.
  • Representing the owner of a commercial building in an action with head contractors involving superintendent functions, administrative determination, certification, quality of work issues, time delays and liquidated damages.
  • Managing a claim by a head contractor against the owner of a prestige residential property involving substantial security for payment claims, arbitration, caveatable interests, and Supreme Court recovery action.  
  • Representing the insurer of the developer of the Riverstead Apartments in clams by the body corporate for extensive damage to many units in the complex which were destroyed by a deliberately lit fire 
  • Representing a government rail network in the defence of an action by a subcontractor’s employee against his employer, head contractor and the rail network for severe injuries suffered resulting from an electrocution occurring during the construction of a railway station.  
  • Assistance with the negotiation and drafting of the contract for the construction of an 11 storey building;
  • Resolving a board level dispute of a construction company with a share buyout, including resolving the BSA licensing complications;
  • Assisting Coral Homes, Sheppard Homes and other building companies with corporate structuring issues.
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