If you are involved in the building and construction industry, then chances are, you are aware of legislation regulating progress payments to contractors and the adjudication of disputes.  The Building and Construction Industry Security of Payment Act, 1999 ("Act") sets out a regulatory regime governing builders and contractors involved in "construction work". It is not possible to contract out of the Act or otherwise avoid its operation.  In certain circumstances, contractual provisions which offend the Act are rendered void.  The assignment of rights under a construction contract may undermine the integrity of the claims which can be made under the Act.  In the NSW Court of Appeal in Quickway Contructions Pty Limited and Electrical Energy, Hugh & Associates acted for the sucessful appellant challenging the claims of a party which had assigned its rights to a third party.

Hugh & Associates can advise and act in a range of construction matters, including:

• alternative dispute resolution
• arbitration
• building disputes - commercial, residential and industrial
• claims under the Building and Construction Industry Security of Payment Act
• complex contract negotiation
• commercial, residential and industrial building negotiation and disputes
• complex construction disputes in all Courts and Tribunals
• delay claims
• development
• enforcement of adjudications
• injunctive relief in urgent matters
• insurance claims - construction risks, broad form liability, statutory home warranty and professional indemnity
• joint ventures and joint venture structuring
• liquidated damages claims
• mediation
• statutory easements for work on adjoining properties
• suspension of work and negotiation of claims