Building Debt Recovery Lawyers Sydney | All Building-related Debts

Our building debt recovery lawyers will enforce your rights

Our building debt recovery lawyers have experience pursuing and defending building industry-related debts ranging from uncontested amounts less than $10,000.00 up to very large sums in protracted and bitterly fought enforcement proceedings.

Our approach to building-related debt recovery is to first identify any genuine dispute and pursue negotiated settlements on commercial bases to avoid unnecessary and expensive litigation. Where settlement cannot be reached, we do not take further steps or incur further costs without first considering the debtor’s capacity to pay and the broader financial and commercial circumstances of our clients.

Where legal proceedings and processes are appropriate or unavoidable, we use the most efficient and cost-effective means of recovery or defence in a sophisticated and strategic way.

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Our building debt recovery lawyers provide services including:

fixed fee letters of demand,
negotiations and mediations,
searches and enquiries in relation to a debtor’s credit history and capacity to pay,
Building and Construction Industry Security of Payment Act 1999 (NSW) processes including adjudications, judgments for statutory debts and debt enforcement proceedings,
advice and representation for creditors and debtors in contested proceedings in the Local Court, District Court and Supreme Court of NSW and in the NSW Civil and Administrative Tribunal (NCAT),
advice in relation to contractual terms, procedures and strategies for avoiding bad debtors in the future, and
advice and representation for judgment creditors and judgment debtors in debt enforcement matters including:
- applications for payment by instalment and objections to instalment applications under Part 37 of the Uniform Civil Procedure Rules 2005 (NSW) (“UCPR”),
- examination of judgment debtors under Part 38 UCPR,
- writs for levy of property for seizure of personal property and forced sales of real estate under Part 8, Division 2 of the Civil Procedure Act 2005 (NSW) (“CPA”) and Part 39, Divisions 1-3 UCPR,
- garnishee orders for wages and third-party debts under Part 8, Division 3 CPA and Part 39, Division 4 UCPR, and
- statutory demands and applications to set aside statutory demands under Part 5.4, Division 2 (Section 459E) and Division 3 of the Corporations Act 2001 (Cth).

We understand the consequences

Individuals and businesses seeking to recover or manage a building industry-related debt through legal action face the difficult prospect of expanding their losses by incurring legal costs in addition to the amount already owed. Unresolved debt issues in the building industry may also trigger a suspension of construction work or the supply of materials, causing delay, cost increases and an erosion of the commercial and client relationships that underpin the success of a building project.

Creditors

Creditors often face the harsh reality of being owed money by a debtor with no capacity to pay or having to fund expensive legal proceedings with no guarantee of obtaining judgment or ultimately enforcing payment of the debt. Contractors chasing debts will suffer cash flow consequences whilst having to meet their own ongoing commitments to customers and suppliers. Property owners seeking to recover amounts ordered as compensation may have to postpone the completion of their development.

Debtors

Debtors who are sued or are facing enforcement proceedings will often have an arguable defence, an offsetting claim or cash flow problems restricting their capacity to pay the debt. For these clients, funding a defence of the debt recovery action makes payment of the debt more difficult and often threatens bankruptcy or insolvency and the destruction of their businesses.

Disclaimer

The information provided above is not to be taken or relied upon as legal advice and Jason Francis Commercial and Construction Lawyer will not be responsible for decisions made or acts or omissions undertaken in reliance on this information. It is information intended as a guide only. You should obtain independent legal advice in respect of any issue or query you may have after reading this information.

Liability limited by a scheme approved under Professional Standards Legislation.

What our clients are saying

I engaged Jason to draft an application for federal government approval in relation to mining operations in Papua New Guinea. Jason did a great job drafting and compiling the necessary documentation and we subsequently obtained the necessary approval.

Martin Wilson

CAVALIER GOLD PTY LTD

We became involved in a dispute with a builder following serious building defects in the early stages of the construction of our new home. We took the builder to court and were able to settle early without the cost of a hearing. It was a good result for us.

Helen Nguyen

FARFIELD EAST

Jason helped me with a difficult court matter which posed a real threat to my horse-training business. Thanks to Jasons professional and thorough preparation, I achieved a great outcome and my business was able to continue unaffected.

Stephen Byrne

HAT CREEK PTY LTD

I was in a very critical situation with a building company wanting money that was not owed to them. Jason was very understanding & professional in attempting to negotiate with the Company. I had a great deal of confidence that he would provide a positive outcome. I would recommend Jason highly to anyone dealing with a difficult situation in Commercial or Construction Law

Dianne Aslin

Frequently asked questions

How do you work?
We offer a free 45-minute initial consultation, which is considerably longer than what most firms offer. To provide as much certainty as possible, we give clear and accurate advice regarding our preferred approach to your matter, the strengths and weaknesses of your case, and the likelihood of success in litigated matters. We require funds in trust in advance of any work that we do, we take care to match your fees to our cost estimates and we do not charge for every email, brief telephone conversation or small task.
How affordable are your prices?
The affordability of our legal services begins with accurate and reliable cost estimates and efficiency achieved by skilled lawyers working quickly and leveraging technology. Beyond those factors, our hourly rates are competitive with other comparable firms. We have a genuine commitment to providing quality and value, and we work hard to minimise our clients’ expenses by resolving issues and disputes as efficiently and cost-effectively as possible.
What geographical areas do you service?
We service the entire Sydney metropolitan area and we also have regional, interstate and overseas clients. We have offices for face-to-face client conferences in Cronulla, Sydney CBD and Parramatta. However, regardless of your location, we are able to provide our services by telephone and video conferencing, and cloud-based document sharing. We also often conduct face-to-face conferences with clients at their offices or place of business where it is convenient and appropriate to do so.
Do you prefer a particular type of client? Plaintiffs or defendants? Builders or homeowners?
We act for all types of clients and we do not have a preference for any particular type of client. We will act for you and protect your interests with determination and sophistication regardless of whether you are suing someone or being sued.