Introduction to Construction Law

Issues in Construction

Construction is a highly regulated area within Australian law. Some of the main disputes that arise within the construction industry in Australia include:

1.     Property defects: such as construction faults that create risk to individuals or fall short of the scope of the initial agreement;

2.     Occupational health and safety breaches: including incidents that occur in the course of construction, often involving contractors who make complaints for breaches to the health and safety conditions under which they work;

3.     Timeline disputes and project delays: including failures to meet agreed deadlines, consistent with contracts, often resulting in increased time and expenditure by individuals and corporations on construction;  

4.     Contractual disputes: due to none or insufficient drafting of construction-based deeds, failures to negotiate issues in dispute and lack of industry-specific clauses and considerations. 

Rules and Regulations

Each of those issues are controlled by the following industry-specific rules and regulations in NSW:

1.     Competition and Consumer Act 2010 (Cth);

2.     Building and Construction Industry Security of Payment Act 1999 (NSW);

3.     Environment Protection and Biodiversity Conservation Act 1999 (Cth);

4.     NSW Security of Payment Act 1999 (NSW).

Takeaway

To avoid future penalties from conflicts in construction, we recommend putting the correct legal processes and procedures into place at the commencement of a construction project, consistent with the rules and regulations.

Processes and procedures which have been proven to mitigate risk include:

1.     Proper project structuring;

2.     Industry-specific head and sub-contracts;

3.     Where necessary, non-disclosure agreements and requests for tender; and

4.     Adequate contract reviews.

At Glissan & Associates Lawyers, we have particular expertise in handling each of these matters. If you or anyone you know is facing a construction dispute or looking to commence a new project, call us today to arrange a consultation to work out the best solution for you.