Construction Law

Whether you are a builder, contractor or someone looking to engage a builder, we can provide timely commercial advice on all aspects of building contracts.

McDonald Legal Construction Law practice area can assist clients with the following construction legal requirements:

• Review and preparation of commercial building contracts;
• Review and preparation of contractor and subcontractor agreements; and
• Dealing with claims and issues concerning the Building and Construction Industry Security of Payment Act.

Our expert lawyers can also assist with commercial and residential building disputes and provide advice in respect to commercial and residential building contracts.

Whether you are a home owner, builder, contractor or developer, building disputes can delay your project and become costly. McDonald Legal have experience dealing with building disputes through the Victorian Civil and Administrative Tribunal (VCAT) and Courts. We can also advice on multi-unit buildings, acting on behalf of Owners Corporation and Strata managers in Victoria.

Security of Payment Act

Security of Payment legislation protects businesses operating in all jurisdictions of Australia. McDonald Legal construction lawyers have broad knowledge of the operation of the statutes and their effect on businesses in the construction industry.

A deep understanding of the intricacies of the legislation enables McDonald Legal construction lawyers to advise businesses about their rights regarding payment in an effective and comprehensive manner.

McDonald Legal provide advise in the construction industry on the following four matters:

  • Progress Claims are the primary action in recovering debts owing from principals who are attempting to avoid making payments in full. We can guide you through the processes and requirements of submitting legally compliant progress claims.
  • Payment Schedules are the first and most important response to claimants. It is crucial to draft and deliver payment schedules pursuant to the strict requirements of the legislation. In order to avoid potential lengthy disputes, we always advise our clients of the need to provide thorough and detailed payment schedules.
  • Adjudications are the legislative processes for the enforcement of rights and the resolution of disputes. McDonald Legal lawyers are able to offer high-level professional advice regarding adjudications and can prepare responses for clients that have the effect of reducing the length and costs of disputes.
  • Contracting is the most crucial element of running a successful construction business. McDonald Legal construction lawyers are able to draft, review and advise about construction contracts of all sizes in a cost-effective and timely manner.

Our strong understanding of the Security of Payment statutes allows us to advise your business in an effective and economical manner. Our experience in construction law provides our clients with the ability to achieve great success for their building or property development business.