Our Sydney Building Contract Lawyers know how to manage risk and create important rights

The pre-contractual phase of a building project is a time of optimism and excitement for homeowners and building contractors. The proposed project offers cash flow and business growth for the contractor, and, for the owner, the realisation of a profitable property development or a beautiful new home. However, experience shows that a smooth transition from this pre-contractual phase through to project completion can be difficult to achieve without a clear and detailed understanding between the parties to the contract. Before signing, we recommend a thorough contract review by one of our Sydney building contract lawyers.

At the pre-contractual phase, contractors need to pay particular attention to liability provisions and the Home Building Act 1989 (NSW) requirements for residential building work contracts in order to minimise risk exposure and preserve the right to commence or defend legal proceedings.

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Before signing, we recommend a thorough contract review by one of our Sydney building contract lawyers. This is a crucial opportunity for homeowners and contractors to address a range of important matters including:

  • compliance with legal requirements,
  • sufficient detail for the scope of work,
  • the adequacy of the contract documents,
  • the structure of progress payments,
  • the adequacy of allowances for prime cost and provisional items,
  • the process for dealing with delays and variations,
  • the process for resolving disputes,
  • the nature and limit of liability,
  • subcontractor agreements, and
  • who is responsible for obtaining occupation certificates and other certifications.

Builders should not simply rely on industry association standard form contracts without a thorough understanding of the provisions of those contracts and their suitability to individual projects. This is also the time for builders to consider personal guarantees (when dealing with corporate customers) and obtaining security for payment of progress claims.

Homeowners considering a proposed home building contract should be aware that many of the standard form contracts currently in use are weighed heavily in favour of builders. We strongly recommend that property owners seek advice from our building contract lawyers before signing a contract. We offer a fixed-fee home building contract review service for residential building work contracts including a check of the building company’s status, credentials and contractor license history.

Where our review of a contract reveals that important or relevant matters are not addressed, or where the contract heavily favours the other contracting party, we will draft and negotiate special conditions to amend and expand the contract to enhance your position and protect your rights.

It is important that parties to a proposed building contract understand their rights and obligations before formally entering into an agreement. Once signed, a contract cannot ordinarily be varied without the agreement of both parties. A building contract review by an experienced building contract lawyer is a valuable investment in any building project.

Our Sydney Commercial Contract Lawyers know how to identify and manage risk

The planning and pre-contractual phase of a commercial arrangement or transaction is a time of optimism and excitement for businesses and consumers looking to profits and growth, or the sourcing of important goods and services. However, a smooth path from this pre-contractual phase through to contract completion or an ongoing commercial relationship requires a clear and detailed understanding between well-advised parties to the contract. Our Sydney Contract Lawyers assist clients at all stages of the contractual process.

Where our client’s commercial objectives and a review of the contract reveal that important or relevant matters are not addressed, or where the contract heavily favours the other contracting party, we will draft and negotiate amendments to enhance your position and protect your rights.

Before drafting or signing a commercial contract, we recommend that you discuss your circumstances and requirements with one of our experienced Sydney contract lawyers.

Tailored advice and a thorough contract review provide a crucial opportunity to address a range of important matters including:

  • compliance with legal requirements,
  • governing jurisdiction,
  • the adequacy of the contract documents,
  • conditions precedent,
  • warranties,
  • the structure and timing of payments,
  • the structure of progress payments,
  • the limits of liability,
  • pre-completion undertakings,
  • confidentiality, competition restrictions and intellectual property protection,
  • the process for resolving disputes, and,
  • security of payment including:

It is important that parties to a proposed commercial contract understand their rights and obligations before formally entering into an agreement. Once signed, a contract cannot ordinarily be varied without the agreement of both parties. A contract review by an experienced Sydney contract lawyer is a valuable investment in any proposed commercial arrangement.

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.

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