Building Law

The team at Craddock Murray Neumann provides a number of services for both builders and property owners that arise from issues concerning building and construction law.
 
We can provide advice during the contract drafting process that will help to reduce the possibility of a dispute and clarify the potential issues. 
 
If you are a builder we can prepare a contract on your behalf that will protect your rights and ensure your payment schedule before the project commences.  If you are not being paid, or someone is suing you, we can help too.
 
If you are engaging a builder, we can provide advice on the contract as well as on your rights and obligations – and it is always best to get advice BEFORE you sign the contract. And, if you believe that your builder has not done the job properly, we have lawyers experienced in building law cases that can negotiate, or if necessary, litigate on your behalf.
 
Building and construction contracts and building law litigation can be very complex. Projects are subject to numerous external factors. Given the importance of these contracts and the potential expense in resolving disputes, if you are involved in a building project or a dispute, you need sound, practical legal advice that you can rely on.
 
The services we provide include the following:
  • advising on building contracts
  • drafting contracts
  • advising and representing clients with respect to development requirements
  • resolving disputes for builders
  • resolving disputes for home owners
  • mediation and alternative dispute resolution services
  • recovery of damages
  • recovery of  payments due under contract
Further information
 
Contact Craddock Murray Neumann Lawyers on (02) 8268 4000 for friendly professional service.
Contract: the rules of the game
Date: Jun 15, 2015

The traditionally accepted view of law is that it is an independent set of rules governing society routinely applied by reference to existing precedent. The law is considered autonomous and distinct from custom, morality, religion and politics. In western civilisations, legal systems are built on liberal foundations.

Private contractual arrangements and government intervention
Date: Jun 12, 2015

The law was not constructed on a bare canvas, but on value-laden foundations. Ordinarily, when a house is built on a sloping block, the nature of that slope determines the type of structure erected upon it. The structure is changed to suit the conditions of the landscape, not vice-versa. It is no different with the law.

Religious officers, contracts and legal relations
Date: Jun 11, 2015

In commercial transactions, the onus of proving (on the balance of probabilities) that a contract does not exist rests with the party disputing what courts presume to be an agreement intended to have legal force. For disputes concerning family members, courts take the viewpoint that “each house is a domain into which the King's writ does not seek to run, and to which his officers do not seek to be admitted”.

Consideration in contract law
Date: Jun 10, 2015

The doctrine of Consideration is concerned with the price paid for a promise. Consideration is something of legal value given in exchange for a promise.

A contract that is not a contract
Date: Jun 09, 2015

Equitable Estoppel is a cause of action that protects parties’ reliance on promises which have the appearance of a contract, but which do not satisfy the elements needed to create binding legal relations, that result in detriment to one party. The case of Waltons Stores (Interstate) Ltd v Maher is a landmark case which has greatly affected the common law of contract.

Nefiko Pty Ltd v Statewide Form Pty Ltd (No 2) [2014] NSWSC 840
Date: Sep 12, 2014

This recent case from the NSW Supreme Court considers the ability of administrative bodies to determine jurisdictional facts in the context of the application of the Building Construction Industry Security of Payment Act 1999 (NSW).

Costs orders - who pays the costs of legal proceedings?
Date: Aug 25, 2014

The Court has power under Section 98 of the Civil Procedure Act 2005 to determine by whom, to whom and to what extent the costs of the proceedings are to be paid.

LITIGATION - Frequently Asked Questions
Date: Dec 04, 2012

Deciding how to settle a dispute - Choosing a process - Commencing litigation - Pre-trial procedures - Discontinuance or withdrawal - Enforcement of judgments - Costs of Litigation - Time limits - Lawyers

Security for Costs
Date: Aug 08, 2010

The general rule is that everyone should be able to enforce their rights in the Courts – poverty should be no bar to justice.

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