Building Contracts and Disputes

  • Overview & Examples
  • What You Need To Know
  • Specialising Lawyers
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Overview

Building Contracts and Dispute

Many Australians dream of building their own home someday. And with the prices of established homes continuing to rise, many people are attracted to “house and land” packages as an alternative way of realising their dream.

If you are looking to build your new home, then Brydens Lawyers can assist you with contract preparation and the associated documentation required to ensure this process is smooth, transparent and free from complications. Together, we can help you make your dream home a reality.

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What You Need To Know

Why Do You Need A Construction Lawyer When Building A New Home?

Construction contracts and property law can be complicated, whether you are entering the property market for the first time or you have been a homeowner for many years.

Brydens Lawyers can assist you to ensure your building experience is as stress-free as possible, and can assist with residential and commercial property construction to ensure the building is constructed in accordance with your plans and specifications.

The team at Brydens Lawyers are here to help you translate any complex legal language and ensure that you have the right information and knowledge you need before entering into any new construction project contract. We can review your building contract beforehand, ensuring that the terms and conditions of said contract meet your requirements.


Why Are Brydens Lawyers The Right Representation For You?

Brydens Lawyers are the building contract experts. Before entering into any building contract, make sure you contact Brydens Lawyers first. With our extensive experience in the building and construction industry and a wealth of knowledge when it comes to property law, we can offer expert legal advice to ensure that the terms of the building contract accord with your requirements.

Building a new home can be a time of great excitement as well as stress. We understand that this situation can also sometimes feel overwhelming for new homeowners embarking on this step forward for the first time. By engaging the services of a building and construction lawyer, you’re giving yourself peace of mind when it comes to reviewing your construction contract and any potential dispute resolution that may need to be managed by a legal expert.


Types of Building Contracts In Construction Law

There are two main types of building contracts for the construction of residential dwellings. These are a cost plus contract or a fixed price contract. It is important to engage in legal representation when reviewing this documentation to ensure you are getting what you pay for and you understand the agreement.

  • Cost plus contract: This is a contract where the builder is to be paid for the cost of the building work plus a profit margin.

  • Fixed price contract: This type of contract provides for a fixed sum to be paid to the builder for the construction of the home.

Generally, we would recommend against entering into a cost plus contract where possible. This is because it can be difficult for the homeowner to ascertain with any precision what the final price payable to the builder will be.

A fixed price contract is preferable, but that is not to say it is perfect. There can be potential pitfalls hidden in a fixed price contract that you may not be aware of—whether you are entering the market for the very first time or already have some experience.


What Will Brydens Lawyers Organise For You?

It is vitally important for a building contract to sufficiently identify the works that are to be carried out by the builder. Typically, the building works are set out in the building contract. It is equally important for the owners to ascertain exactly what works or materials are excluded from the building contract. Sometimes, it is more important to know what items are excluded than included. Excluded items should be plainly set out in a reference schedule attached to the tender document or the building contract.

Clearly understanding the terms and conditions can help you avoid signing ambiguous building contracts and disputes that arise from a lack of knowledge. This is where Brydens Lawyers can help you, by reviewing the contract and helping you to make an informed decision when it comes to the construction of your new dream home.

We can also help you navigate any contract disputes that may occur between the parties involved, ensuring that the project continues as smoothly and efficiently as possible. With a team of building and construction experts, including building dispute lawyers, Brydens Lawyers can help you navigate the entire process of building a new home.


When Should You Consult Brydens Lawyers?

If you are currently in the consideration phase of purchasing a property, we recommend you contact Brydens Lawyers’ building and construction lawyers before entering into any contracts.

Brydens Lawyers will take you through a step-by-step process for your property purchase journey, ensuring a smooth transition from initial review to moving in. Our transparent legal advice will help you avoid building disputes, potential complications, and other issues you may encounter without experienced legal guidance.

For expert advice on building and construction law, contact Brydens Lawyers today to find out how we can help you.

Testimonials

From start to finish, Brydens Lawyers made the conveyancing process so easy! I couldn’t be happier with the service provided- I would definitely recommend them to anyone in need of legal assistance.

Alex Twal of the Wests Tigers

When you are making the biggest financial commitment of your life you want someone acting for you who is meticulous and thorough, yet still able to take the time to walk you through the process and put your mind at ease. Celeste and her team at Brydens Lawyers were there supporting, explaining and smoothing over any problems every step of the way! I could not recommend Celeste and her team more highly.

Stephen from Sydney, a client of our Conveyancing division

Celeste and the team were diligent, professional and supportive in the current climate with the COVID-19 pandemic. The service was second to none and I will be recommending them to all my family and friends

Liam from Sydney, a client of our Conveyancing division

Celeste was amazing. She was available to us throughout the entire process of buying our new home; advising on the contract before we even made an offer through to our seamless settlement. Celeste anticipated our needs and handled everything. I would highly recommend Celeste for buying and selling your property.

A client of our Conveyancing division

Celeste and the team at Brydens Lawyers have been helping me with my legal requirements for over 10 years now. When it comes to property sales and purchases, everything is done efficiently. They are thorough in their work and communicate well. Thank you for a job well done!

A client of our Conveyancing division

Just wanted to say a big thank you to the Brydens Lawyers team for their help throughout the process of buying our home. Would happily use Brydens Lawyers again.

A client of our Conveyancing division

Very professional and thorough service and I am very proud to say that there have been nil variations once the fee was agreed. I have enjoyed discounted rates over the last 20 years and Celeste is someone that I could trust with my wallet. I am very privileged to deal with Celeste as well as her support staff.

A client of our Conveyancing division

Over the past 15 years I have engaged Brydens to act for my clients and myself personally in property transactions on scores of occasions, and on each and every occasion Celeste and the Brydens Conveyancing team have done a consistently fantastic job. Whether acting in the sale or the purchase of property, their professionalism, knowledge and expertise has been second to none. I would not hesitate to recommend Brydens to anyone looking for a first-rate Conveyancer.

Darren W, a client of our Conveyancing division

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