Introduction

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Pikes & Verekers Lawyers’ Building & Construction team draws upon its experience and industry knowledge to provide a whole-project service. We give straightforward, timely and strategic advice. 

We can assist you in managing some of the common risks in the building and construction industry. These risks can include poorly drafted contracts, inadequate insurance, inadequate cash flow, shortage of good quality tradespeople and the supply of poor quality materials.

Our experience extends to complex and difficult disputes, including mediation, expert determination and arbitration as well as litigation. We have represented owners, developers and major contractors in building and construction disputes ranging from simple payment issues to complex claims such as allegations of negligence, breach of contract and warranties and statutory interpretation.

Experience

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  • Acted for the developer in a successful appeal to the Court of Appeal in a multi-million dollar dispute in Ace Woollahra Pty Ltd v The Owners Strata Plan 61424 & Anor [2010] NSWCA 101 which became a leading authority on the operation of the statutory warranties in the Home Building Act 1989 (NSW), and, on 28 June 2014, resulted in the NSW Government enacting the Home Building Amendment (Warranties and Insurance) Act 2010 in order to overcome the effect of the Court’s decision.
  • Advised a subcontractor in relation to a multi-million dollar breach of contract dispute with the head contractor concerning a major gas pipeline project in Queensland.
  • Acted for a certifier in multi-million dollar building defects and professional negligence proceedings in the Supreme Court.
  • Advised an engineering contractor in relation to a million dollar breach of contract dispute concerning the construction of medical plant and equipment for a hospital in NSW.
  • Acted for the developer in successful building defects and negligence proceedings in the District Court.
  • Acted for Willoughby City Council in respect of the purchase and development of its depot site at 25 Gibbs Street on all aspects of the purchase and subsequent construction and development.
  • Advised individual lot proprietors and owners corporations in relation to building defects disputes and other strata disputes. 

Contacts

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Mark Green

Partner
mgreen@pvlaw.com.au

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Brian Walton

Senior Associate
bwalton@pvlaw.com.au

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Jennifer Hold

Senior Associate
jhold@pvlaw.com.au

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Expertise

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  • Advice on development applications 
  • Drafting tender documentation 
  • Procurement and tenders 
  • Drafting and interpretation of contracts, contract amendments and special conditions 
  • Joint venture agreements and project management/consultancy agreements 
  • Contract administration and risk management 
  • Legal rights and obligations of contracting parties 
  • Liability of building and construction professionals 
  • Construction disputes 
  • All building and construction-related litigation, including Building and Construction Industry Security of Payment Act claims 
  • Consumer and home building claims, including representation in the NSW Civil & Administrative Tribunal and the Courts 
  • Building licensing and home warranty insurance matters 
  • Advice on builder insolvency issues 
  • Alternative dispute resolution processes – mediation, conciliation, expert determination and arbitration (including representation)