• Facebook
T (08) 9757 3300 | E reception@mcauliffe.com.au
McAuliffe Legal
  • Home
  • About
  • Areas of Practice
    • Building and Construction
      • Building Contract Formation
      • Building Disputes
    • Business Law
      • Bank Documentation and Guarantees
      • Business Names
      • Business Structures
      • Capital Raising
      • Companies, Trusts and Partnerships
      • Contracts and Agreements
      • Employment Contracts
      • Lending and Borrowing Money
      • Purchase and Sale of Business
      • Setting up a Small Business
      • Stamp Duty
    • Corporate
      • Corporate Advice
      • Corporate Governance
      • Directorships
    • Disputes and Litigation
      • Civil & Commercial Disputes
    • Employment & Workplace Relations
    • Family law
      • Children & Parenting Matters
      • De Facto Law
      • Divorce
      • Financial Agreements
      • Property Settlements
    • Farming and Agriculture
      • Family Restructures
      • Farming Partnerships
      • Purchase & Sale Agreements
    • Liquor, Hospitality and Events
    • Mining Industry
      • Joint Ventures, Acquisition & Sale Agreements
      • Tenement Advice and Documentation
    • Personal Injury & Property Damage Compensation
      • Criminal Injuries Compensation
      • Motor Vehicle Accidents
      • Public Liability Claims
      • Work Place Accidents
    • Property/Conveyancing
      • Due Diligence
    • Superannuation
    • Town Planning/Environment and Land Compensation
      • Environment
      • Land Compensation
      • Prosecutions – Building, Planning, Health
      • Town Planning
    • Wills & Estates
      • Appointment of Executors
      • Disputed Wills and Inheritance Disputes
      • Estate planning
      • Living Wills
      • Powers of Attorney
      • Probate and Administration of Estates
      • Wills
    • Wine Industry
      • Liquor Licensing
      • Supply, Distribution & Bottling Agreements
      • Vineyard & Winery Contracts
  • Community
  • Legal Costs
  • Contact
  • Search
  • Menu

Building and Construction

McAuliffe Legal advises clients in relation to building and construction matters and disputes ranging from home building contracts through to large scale commercial, industrial and mining projects.

We provide our advice in plain English, from contract formation (including tenders) to dispute resolution procedures, including adjudications pursuant to the Construction Contracts Act 2004 (WA) and arbitration.

Building Contract Formation

The Margaret River, Busselton and Bunbury regions’ strong population growth has meant that the building and construction industries in the region are in a healthy state.

At the contract formation stage, we work closely with our clients to understand their business (including their risk profile) in order to draft and negotiate contracts that provide certainty and a degree of comfort.

The original contractual relationships between the parties must be clearly documented. This is an area where many people get caught if they do not do their documentation correctly.

Building Disputes

There are certain types of building and construction disputes that arise over and over again including alleged defects, where works are variations (especially in the context of lump sum contracts), EOT claims, the application of liquidated damages and payment disputes.

If and when a building dispute arises, McAuliffe Legal can provide you with advice, strategies and/or legal representation to achieve a positive outcome. We will assist you to understand your rights and your responsibilities so that you can make your own fully informed decisions about the strategic direction of your matter.

The adjudication process is a fast, cost effective payment dispute resolution mechanism that we can assist you with. Adjudication is based on the principle “pay first, argue later” and involves an independent adjudicator determining a payment dispute amount that they believe is due and payable. Once an application is made, the respondent has 14 days to provide a response and the adjudicator’s determination is then due 14 days later. The determination is then enforceable like a judgment. Critically, you only have 28 days from when a payment dispute arises to submit a payment dispute to adjudication, so it is important that you understand your rights and how long you have to make the application.

Many contracts will include a provision that any disputes that cannot be resolved through mediation go to arbitration. The function of the arbitrator is to determine the dispute much in the same way that a judge would. The arbitrator’s decision is final, subject to limited rights of appeal.

We have also acted for clients in relation to a wide range of home building disputes under the Home Building Contracts Act 1991 as well as providing representation before the Building Commission (this role was formerly undertaken by the Building Disputes Tribunal) and any necessary applications to the State Administrative Tribunal.

McAuliffe Legal can assist you to navigate through any of the above processes, whether it is you or your business making a claim, or whether you are responding to a claim made.

McAuliffe Legal Pty Ltd

Margaret River:
4/140 Bussell Highway
Margaret River WA 6285

Busselton:
8 Fairbairn Rd
Busselton WA 6280

PO Box 544,
Margaret River WA 6285

T (08) 9757 3300
F (08) 9757 3500
E reception@mcauliffe.com.au

Liability limited by a scheme approved under Professional Standards Legislation

ABN 65 084 600 939

Margaret River

Busselton

Areas of Practice

  • Building and Construction
  • Business Law
  • Corporate
  • Employment & Workplace Relations
  • Farming and Agriculture
  • Liquor, Hospitality and Events
  • Mining Industry
  • Personal Injury & Property Damage Compensation
  • Property/Conveyancing
  • Superannuation
  • Town Planning/Environment and Land Compensation
  • Wills & Estates
  • Wine Industry
© Copyright - McAuliffe Legal - Website by Web and Print Design
Scroll to top