Contracts, Security of Payment, Warranty Insurance and much more – we can assist
Contracts
Whether you’re a Registered Builder and you need to sign a contract with a Home owner, a Developer, or a Professional Consultant, or you’re a Subcontractor being asked to sign a contract with a Builder or an Owner Builder, you need to understand the terms and conditions of that Contract and how they impact on your rights and actions.
Issues relating to the contract and key contractural terms you need to be fully aware of and understand include but are not limited to:
- Does the contract comply with the Domestic Building Contracts Act 1995
- Does the Building and Construction Industry Security of Payment Act 2002 apply to payment claims under the Contract
- Contractor’s Security
- Liquidated Damages
- Defects Liability Period
- Progress Payment claims
- Termination
Security of Payment Legislation
The Building and Construction Industry Security of Payment Act 2002 (the Act) imposes strict and unforgiving timelines. If you’re a Builder and you’ve been issued with a payment claim under the Act, you need to respond within the stipulated timelines, otherwise the claimed amount may become due and payable.
If you’re a Subcontractor who has issued a payment claim under the Act which has not been responded to within the stipulated timeline, you may be able to apply for an adjudication or summary judgment in respect of that payment claim.
Warranty Insurance and Liability
If you’re a Registered Building Practitioner, you need to understand how Warranty Insurance impacts on you, and for how long. Are you aware of the exceptions to the requirement to procure warranty insurance for Domestic Building Works?
Are you aware that you may be liable for defective building works for up to 10 years after the issue of an Occupancy Permit?
Protection Works
If the RBS determines Protection Works are required, you must strictly follow the procedures set out in the Building Act 1993 or face prosecution or an order to stop works.
Determinations as to Protection Works can be appealed to the Building Appeals Board by the Building Contractor or an Adjoining Owner.
We can assist with these issues.
VCAT and the Building Appeals Board
The Victorian Civil and Administrative Tribunal (VCAT) has sole jurisdiction for all domestic building related matters. Whether you need to commence proceedings to enforce your contractural rights or you have been served with a VCAT claim, we can assist you. We also appear at the Building Appeals Board on protection works and other matters requiring board resolution.
Statutory Demands
Have you been issued with a Creditor’s Statutory Demand? If so, you need to act within 21 days of service otherwise you will be deemed to have committed an act of insolvency pursuant to the Corporations Act 2001. As a consequence, a creditor may make an application to the Supreme Court of Victoria to wind up your company. Conversely, if you have not been paid by a debtor company, you may be able to issue a Creditor’s Statutory Demand in a bid to recover your outstanding amounts. Either way, we can assist.
Legal Proceedings
We can assist with the commencement or defence of legal proceedings at VCAT, the Magistrates’ Court, and the Supreme and County Courts of Victoria.