As the owner of various businesses in the construction industry, we have drafted and administered numerous contracts. We have seen first-hand and with our clients, the standard construction contracts and which clauses are not industry standard. We advise clients on clauses where they should negotiate a more restricted scope or clauses that need to be added to contracts.
With the increased use of design and construct building contracts, subcontractor are faced with increased risk, usually without an increased margin. We offer business risk reviews to advise potential risks areas and ways to mitigate risk. General business risks include legal structure risk, employee claims, insurance risk exposure and online fraud.
When an issue arises relating to non-payment of an invoice, clients need timely advice. There is usually cash flow pressure and most construction contracts require continued performance irrespective of delayed payment. We can advise on the best course of action and how to escalate the matter if required. When recovering debt, it is important to consider enforcement from the beginning. We obtain background information on the other party to ascertain the best enforcement method.
The Security of Payment Act provides a low cost, timely method of recovering unpaid invoices. However, the timeframes for responding and providing notices are very specific. If notices are provided too late or too early, this can mean that an Adjudicator cannot review the case. We build a relationship with our clients and their accounts receivable team. We advise them on setting up their accounts receivable system to ensure that the invoices being sent are compliant with the Security of Payment Act. If required, we can also prepare and submit adjudication applications.
Following an adjudication order, we will then advise on methods to enforce the adjudication order.
The complex nature of construction and the short-term relationships in the industry give rise to numerous disputes. Litigation against large head contractors or well-resourced developers can be intimidating.
We focus on ensuring that our clients understand the process and open communication ensures that you understand the potential options, risk and cost.
We quickly assess your matter and devise suitable strategies. If there is a prospect of an ongoing relationship with the other party, we can also assist with negotiation. At Level Playing Field Lawyers, we understand the need to quickly assess the matter, carefully consider the potential outcomes and provide prompt advice. Early evaluation increases your options.
Confidence in our proposed strategy is key and our clients are confident in us because we communicate the process without all the legal jargon.
LPF are able to advise you on the most suitable standard form contract and customise it as necessary. Alternatively, we can design and draft custom contracts that are tailored to the industry, concerns about exposure, quality, time and cost.
In addition, we can assist in contract administration, provide advice on responding to defects, variations and extension of time/delays. Our network of consultants include building inspectors, insurance brokers, leak detection and rectification contractors and quantity surveyors.