Expert building & construction lawyers
Acting for builders, developers and contractors across Australia
Koffels advises clients at every stage of a building or construction project, from contract negotiation and project structuring through to dispute resolution and litigation. We act for builders, developers, head contractors, subcontractors, suppliers and project principals on commercial, industrial and residential projects throughout Australia.
Our experience on both sides of construction disputes gives us a practical understanding of how these matters develop and what it takes to resolve them efficiently.
Commercial and contractor services
We advise on the full range of building and construction matters, including:
- Drafting and reviewing building contracts, including standard form and project-specific agreements
- Tender document review and pre-contract advice
- Joint venture, alliance and project delivery structures
- Contract administration, compliance monitoring and claims management
- Security of Payment Act 1999 (NSW) claims, adjudications and enforcement
- Debt recovery under the Contractors Debts Act 1997 (NSW)
- Licensing and qualification requirements across NSW and other states
- Insurance claims under state home building insurance schemes
- Representation in tribunals and courts across Australia
Security of Payment – act quickly
Security of Payment Act claims carry strict deadlines that cannot be extended by agreement. A payment claim must be responded to within the timeframe set by the Act – currently 10 business days for most construction contracts in NSW, or the period specified in the contract if shorter. Failure to serve a payment schedule in time means the full claimed amount becomes due, and the claimant can obtain judgment without a hearing. If you have received a payment claim or intend to make one, contact Koffels promptly – early advice on your position under the Act is far more useful than advice sought after a deadline has passed.
Homeowner and residential matters
We also act for homeowners dealing with builder disputes or considering entering a building contract. We can assist with:
- Disputes with your builder, architect, subcontractor or swimming pool builder
- Defects claims, including Scott schedules and referrals to quantity surveyors and building experts
- Home Building Compensation Fund insurance claims
- Advice before signing a building or renovation contract
Frequently asked questions
What is the Security of Payment Act and how does it protect contractors?
The Building and Construction Industry Security of Payment Act 1999 (NSW) gives contractors, subcontractors and suppliers a statutory right to recover progress payments for construction work carried out or materials supplied. It creates a fast-track adjudication process that can result in an enforceable determination within weeks. The Act imposes strict timeframes on both payment claims and responses, and missing those windows can significantly affect your rights. If you have received or intend to serve a payment claim, seek legal advice promptly.
What can I do if a builder has left my project unfinished or with serious defects?
Your options depend on the nature and value of the work, the terms of your contract, and whether the builder remains solvent and licensed. For residential building work in NSW, NCAT handles most disputes up to its current jurisdiction limit. Higher-value matters may be commenced in the District or Supreme Court. Where a licensed builder has died, become insolvent or disappeared, you may also have a claim under the Home Building Compensation Fund. A lawyer can advise on the appropriate forum and help prepare a Scott schedule setting out the nature and estimated cost of each defect.
What should I look for when reviewing a building contract?
Key areas include the scope of works and specifications; the variation mechanism and how variations are priced; the payment schedule; practical completion provisions; delay and extension-of-time clauses; liquidated damages; and the dispute resolution process. Standard form contracts such as HIA, MBA or AS4000 may be amended in ways that substantially shift risk, so it is important to review the specific contract you are being asked to sign. We recommend seeking legal advice before signing any contract for significant building work.
Does a construction dispute have to go to court?
Most construction disputes do not proceed to a final hearing. Depending on the circumstances, resolution may come through negotiation, mediation, adjudication under the Security of Payment Act, or expert determination. Court or tribunal proceedings remain available where other avenues have failed, but litigation is generally the most time-consuming and costly path. A building and construction lawyer can advise on the most commercially sensible approach for your circumstances at the outset.
Does Koffels act for both builders and homeowners?
Yes. We act for builders, developers, head contractors, subcontractors and project principals, as well as for homeowners in disputes with their builder or other trades. We do not act for both sides of the same dispute. If you are unsure whether we can assist, please call us to discuss your matter.
Are there time limits on bringing a building dispute?
Yes, and they vary depending on the type of claim and the basis for the action. In NSW, the limitation period for contract claims is generally six years from the date of breach. For residential building work, the statutory warranty period under the Home Building Act 1989 (NSW) runs for two years for minor defects and six years for major defects from completion. If you think you may have a claim, do not delay in seeking advice – missing a limitation period can extinguish your rights entirely.
Talk to our building and construction lawyers
Our team advises clients across NSW and nationally. Call us on 02 9283 5599 or use the form below to arrange a confidential consultation.
Building and construction disputes that proceed beyond adjudication are handled through our litigation and dispute resolution practice.