Building and Construction

Construction Lawyers and Building Disputes in Brisbane, Sunshine Coast

Usher Levi has lawyers experienced in building and construction law including front and back end work for principals, head contractors, sub-contractors and consultants. We prepare construction contracts, building contracts, sub-contracts and ancillary agreements as well as advise and assist in the preparation of tender packages. We can work with your project managers to create commercial contracts and agreements that will protect your interests in building disputes. We can assist you with legal and commercial advice in connection with the management of your project where we can provide you with the contract administration tools to streamline the internal management of construction contracts.

We also provide advice and dispute resolution services in relation to specific problems arising from construction contracts. Our construction lawyers have acted in matters including:

  • Drafting bespoke contracts and advice on standard contract documentation
  • Contract disputes
  • Claims in quantum meruit and restitution
  • Security of Payment
  • Defect claims
  • Builder’s statutory insurances
  • Damage to strata property
  • Mediations, Arbitrations and reference hearings
  • All aspects of contract administration

Our lawyers have advised on various other matters relating to building and construction law in Brisbane, some of which are detailed below.

Building and construction Legal services:

General Contract Advice

  • Advice on procurement strategies, tender packages and contract negotiations
  • Drafting and advising on standard forms of a variety of building contracts and construction and engineering contracts including construct only, design and construct contracts, sub-contracts, trade contracts, consultancy agreements, project management agreements, construction management contracts, early contractor involvement contracts, supply agreements, purchase order terms and framework agreements
  • Advice on legal issues in connection with Queensland Building Services Act and Building Code of Australia
  • Advice on commercial and domestic contracts
  • Advice on flat-land subdivisions, hotels, residential (single dwellings and low, medium and high density), commercial, industrial and mixed use developments, roads, gas, water and power projects

Contract Administration and Dispute Resolution

  • General construction contract administration advice and management relating to time and cost claims
  • Advice on defective work claims and drafting and preparing documentation and project management agreement for rectification works
  • Advice on various claims in connection with construction contracts in regard to, for example, variations, delay and disruption, prolongation and liquidated damages
  • Advice on mediation, arbitration, expert determination, adjudication and litigation (as a last resort)
  • Advice on professional liability claims
  • Security for payment claims and payment schedules
  • Adjoining owner disputes

Building Defects

  • Advice on rectification of defective works (minor and major defects) under the contract and statute
  • Advice to Body Corporates and individual owners in regard to building defects and building defect claims
  • Advice on home building insurance

Highlights of Usher Levi’s lawyers actual building and construction law experience

General Building and Construction

  • Public Beach Area – representing government department on general construction contract administration relating to successfully managing time and cost claims from head contractor, lead designer and development manager
  • Healthcare Facilities – preliminary advice to developer on framework agreement, bid and construction of various healthcare facilities
  • International F1 circuit – advising owner on various construction contracts in preparation for 2010 F1
  • Mixed-use, Hotel and Marina Development – advising the purchaser on numerous construction contracts and consultancy agreements for utilities and infrastructure assets and operation and maintenance agreements as part of due diligence in connection with asset transfer
  • Commercial development- advising owner on design and construction documentation and project management agreement for rectification works
  • Waterfront and Canal development – advice to principal on standard suite of construction contracts and agreements
  • University campus – preliminary advice to contractor on commercial documentation for a variety of projects including flat land subdivision for 1,500 villas, university and reservoirs
  • Minor works - advice to owner on short form contract, project management and design consultancy agreement
  • Design consultancy - including advice to owner on full design consultancy agreement
  • Bespoke construction contracts - including advice to principals on various suites of construction contracts
  • Preliminary works - advice to principal on design and build contract for foundations
  • Hotel projects – acting for principal on framework agreements and contract administration on several design and build hotel projects
  • Residential waterfront development– advised owner on overall construction documentation, contract administration for the design and construction of mixed-use development with major national contractor
  • Resort development – advised to developer on procurement and responsible for preparation and negotiation of construction contract with contractor
  • CBD mixed use development - advised developer on overall construction matters including contract administration, mediation and defect rectification relating to design and construction of a mixed used development with major national contractor
  • Redevelopment of pre-owned government land – advised developer on full construction documentation for the redevelopment of the Queensland Rail Yards and the design and construction of a mixed used development with major Queensland contractor
  • Medium density residential development– advised developer on full construction documentation for design and construction of mixed used development with major Queensland contractor
  • Flat land subdivisions – advised developers on procurement strategy, preparation and negotiation of construction contracts and commercial agreements and contract administration
  • High density residential – advised developer including drafting and negotiating construction management agreements, project management agreements and project marketing agreements in connection with design and construction of mixed used developments
  • Tourism & Hospitality – review and amendment to Project Development and Implementation Agreement related to hotel, residential and retail projects
  • Drafting and negotiating legal documentation including advice on structures for real estate transactions including, for example, heads of agreement, framework agreements, development agreements, development leases, guarantees and indemnities, builder’s side deeds and step-in/multipartite deeds

Roads, Rail, Tunnels and Canals

  • Road Construction and Asphalt Repairs – advised owner on procurement, design and construction for asphalt track repairs
  • Sub-sea vehicular tunnel - advised master developer on tendering and design and build contract for the 1.3km tunnel
  • Canal and Waterfront Development – preliminary advice to master developer on consultancy agreements and design and build documentation for the 8km long, 140m wide canal
  • Rail equipment – preliminary advice to supplier of rail equipment in connection with a mining project
  • Road Construction – preliminary advice to consortium members on 200km of refurbished road, new road and bridges
  • Rail freight forwarding facility – advice to head contractor on pavement construction, claims analysis, mediation and rectification works against suppliers and subcontractors
  • Major Ring Road – advice to state government department on all aspects of the 7 km motorway consisting of on/off ramps, bridges and overpasses including procurement and negotiation with major international contractor
  • Highway Upgrade and Overpass – advice to state government department on all aspects of the 6 km project consisting of 6 lanes, bridge construction and widening, overpasses and interchanges
  • Motorway Transit Project– advice to state government department on all aspects of procurement and responsible for preparing documentation for the construction and maintenance of 9.6 km upgrade consisting of service roads, transit and bus lanes, bus stations and park and ride facilities, on/off ramps, interchanges and bikeways
  • Port Access Road – advised state government department on the application of construction documentation for the construction of a 10km stretch of road with major north Queensland Port

Gas, Power and Water

  • 300MW Battery Equipment Storage System – general review and commercial and legal advice to owner on supply agreement of equipment for substations
  • Gas Turbines – advised owner on Long Term Service Agreement and International Equipment Sales Agreement
  • Oil & Gas – preliminary advice on EPC contract for related infrastructure works
  • Nuclear regulations and development – preliminary advice to government department on the consultancy service agreements in connection with the supervision and certification for licensing and training requirements for construction and operation of nuclear power plant
  • Installation and Calibration of Pressure Gauges – advising on design and construct contract for removal, calibration design, installation and certification of the works
  • Coal Fired Power Station – general review and advice on EPC contract with an international consortium
  • Proposed construction of Queensland power station - advised head contractor in relation to the design & construct documentation and overall construction matters
  • Cogeneration Facility and Biomass Facility - advised Government Owned Corporation in respect to the proposed sale of assets and the associated contracts and arrangements that relate to the operation of those facilities
  • Coal Seam Gas Processing Facility - advised principal on commercial agreements with contractors for build, own and operate of the facility
  • Gas Fired Power Station– advised contractor on preparation and negotiation of project documentation with principle to build, own and maintain the 30MW power station
  • Wastewater Treatment Plant– advised local authority on construction documentation for the construction of wastewater facility
  • Gas Pipeline contract administration and advice on payment claims – advised principal on various high value quantum payment claims by contractor made under Security of Payment legislation.