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Construction Crane

Construction Law

Whether you are a builder or a subbie unfairly prosecuted, or a home owner suffering from poor building and construction work we can help you find the correct path forward. Either way you, if you are in the midst of a building and construction dispute, you are already losing - fighting on too many fronts. You have either just spent a lot of time and money doing the work or paying for it. So how could you spend more and more to fight a legal dispute which may not guarantee you a positive outcome? Especially when then law is clear about making sure the building and construction work must be to a proper/workmanlike standard and people should be fairly compensated to achieve that. 

No matter which way you look at it you need to test and demonstrate the quality of the work, resolve any issues and work with the other party in order to make sure the building is at the quality it should be. That is why we can comfortably act for either side because the approach should be the same either way - finish the job quickly and do not wast money in Court or the NCAT. Just make sure the building is good and the price is fair and you do not need to fight over the interpretation of the Home Building Act 1989 which is so old and outdated.

If you are suffering from a dispute contact us and we can find a plan to make sure you can get the contract back on track. Whether you are a builder, or having something built, do not forget that both of your objectives align somewhere. We are very successful getting things back on track. If not, we know how efficient and effectively litigate, in order to obtain damages, against those who failed to provide what they promised and are not reasonable enough to remedy their failure.

We offer an initial free and no-obligation consultation. Contact us today at (02) 4201 0374 or use our online booking form.

More Information about our work in Construction Law

At Nightingale Lawyers, we also do work in building and construction matters. We have experience in handling a wide range of residential and commercial building disputes. Our client base includes builders and property developers to residential home owners who have had a hard time with renovations.


On either side, the main priority should be ensuring that the building work is done to a reasonable and workmanlike standard so that you can live there or at least pay the mortgage. The first thing to do is identify what it will take to make sure the building and construction work is done correctly. No matter what side you are on the Court or NCAT will require certainty that the building is good and property. We do not waste time fighting the legal issues unless we absolutely have to. Instead we make sure there is a costs effective plan to get your build (whichever side you are on) on the right track.

We understand the complexities of the construction industry and the challenges that can arise at various stages of a project. So it is always best to consult with a lawyer beforehand. Our comprehensive range of services includes:

  1. Contract Drafting and Review: we can draft or review your building contract in order to ensure you get what you bargained for and that your interests are protected.

  2. Payment Claims/Schedules and Debt Recovery: we have a lot of experience dealing with dispute under the Building and Construction Security of Payments Act 1999 and regulation. Our team navigates payment disputes and helps recover outstanding debts, ensuring fair compensation for your work or, in the alternative, making sure you are paying the fair price. This legislation has a strict, but efficient, way to deal with issues and we can help you understand how to use this legislation in order to protect your interests.

  3. Dispute Resolution and Litigation: we provide skilled representation in dispute resolution, aiming first to find amicable resolutions, however always being ready to fight all the way in order to achieve your objective. We can assist in litigation pertaining to the statutory warranties under the the Home Building Act 1989, Design and Building Practitioners Act 2020 and other legislation. Essentially, you need a plan to identify the quality of work and to rectify any issues in the most cost effective way. You do not need to spend a lot of money to make sure you got what you bargained for with a HIA Contract or another building and construction Contract.

  4. Liability Claims and Insurance: we assist with negligence, other liability claims and provide guidance on insurance matters to protect your rights and interests.

  5. Body corporate advice: we offer guidance on legal matters related to the Strata Schemes Management Act 2015 and ancillary legislation. We can assist in strata and community title schemes, helping you navigate complex regulations and resolve issues within these structures without having to go to NCAT.

  6. Risk and Project Management: our principal lawyer can be on call to provide you with advice to help you in your project. The best advice makes sure you do not end up in the NCAT or superior Courts. The best advice mitigates and prevents a dispute. We risk management strategies and can help you navigate building protection measures to mitigate your present and future liabilities.

  7. Property Transactions: we can provide you with advice in relation to buying and selling land with building and construction in mind. You may want to develop or sell newly developed lots.

Whether you need support in the entire building and construction process, from property transactions to dispute resolution, Nightingale Lawyers is equipped to assist you. We are committed to providing comprehensive legal services that address your specific needs and ensure a smooth and successful outcome for your projects.

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