Practice area 04
Building, Engineering, Construction
A full suite of front-end, back-end and regulatory services for the building, construction, engineering and infrastructure sectors.
Broadley Rees Hogan's Building, Engineering, Construction and Infrastructure (BECI) team offers a full suite of front end (transactional), back end (litigation) and regulatory services to the building, construction, engineering and infrastructure sectors.
Drafting and negotiating building and construction contracts
Our team has acted for principals, building and civil contractors, engineers, architects and other consultants in relation to various types of projects, including:
- Significant 'flat land' residential developments.
- Low rise and high rise residential, retail, commercial and mixed-use developments.
- Significant commercial developments.
- Health and aged care developments.
- Major road and rail infrastructure projects.
- Projects in the mining sector.
Contract analysis and risk assessment
We analyse and advise on legal and commercial risks relating to building and construction contracts, delivery and supply agreements, tripartite deeds, alliance contracts, independent certifiers deeds and other associated building and construction documentation — in a commercial and relevant manner.
Construction contract administration
We advise principals, contractors, sub-contractors, consultants and contract administrators in relation to contract administration, particularly progress claim management. Our clients seek our advice to develop strategies that assist the smooth and effective operation of building and construction contracts, and to avoid disputes.
Security of payments
Our team is experienced in acting for claimants and respondents in security of payment matters pursuant to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA). We understand the strict deadlines and requirements made of parties subject to the BCIPA, and can provide advice concerning the analysis or preparation of:
- Payment claims.
- Payment schedules.
- Adjudication applications.
- Adjudication responses.
Our team is also experienced in acting for parties prosecuting or defending adjudication review proceedings in superior courts.
Construction dispute resolution
The firm proactively identifies cost-effective strategies to resolve building and construction disputes. Our experience encompasses:
- Litigation, arbitration and mediation of contractual disputes.
- Time-related claims such as liquidated damages and delay claims, prolongation, extension of time claims and acceleration.
- Variation and latent condition claims.
- Defective work and negligence claims.
- Disputes concerning release of security.
- Debt recovery.
Each dispute involves a unique set of facts and issues that require an in-depth analysis, and we develop resolution strategies incorporating litigation, arbitration, mediation and expert determination accordingly.
Related practice areas
All areasProperty Services
Whether it is a large commercial project or a more tailored arrangement, our Property Services team has the expertise to assist you.
Explore 02Corporate and Commercial
If it's a business activity, our corporate advisers have been there and done that.
Explore 03Litigation and Dispute Resolution
Our approach is to resolve disputes fast and efficiently to make a real difference for our clients.
ExploreConstruction questions
Contracts, payment and disputes on site.
General information only, current at the time of writing — not legal advice. Every matter turns on its own facts, so please talk to us before acting on anything here.
What is security of payment, and does it still fall under BCIPA?
Security of payment gives contractors and subcontractors a fast statutory route to progress payments through adjudication rather than court. In Queensland the regime now sits under the Building Industry Fairness (Security of Payment) Act 2017, which replaced BCIPA for claims from December 2018. The principle is the same — pay now, argue later — but the mechanics and timeframes changed.
I have received a payment claim. How long do I have to respond?
Short, and measured in business days — the statutory period, or a shorter period if the contract provides one. Failing to serve a payment schedule in time can mean losing the right to dispute the claimed amount at adjudication altogether. This is the single most common and most expensive mistake in the regime.
What is a latent condition?
A physical condition on or near the site that could not reasonably have been anticipated — contamination, rock, services, unstable ground. Whether the contractor or the principal wears the cost depends entirely on how the contract allocates that risk and whether notice was given within the contractual timeframe.
When am I entitled to an extension of time?
Only where the contract gives one for that cause of delay, and generally only if notice is given in the form and within the time the contract requires. Late or non-compliant notices are the usual reason a legitimate delay claim fails, so the notice regime is worth understanding before you need it.
What are liquidated damages, and can they be challenged?
A pre-agreed rate payable for each day of late completion, which saves the principal from having to prove actual loss. They can be challenged where the rate is a penalty rather than a genuine estimate of loss, where the mechanism has not been operated correctly, or where the principal caused part of the delay and the contract has no extension mechanism for it.
When can I terminate a building contract?
Either under an express right in the contract, or at common law for repudiation or a sufficiently serious breach. Getting it wrong is dangerous: purporting to terminate without a valid right can itself be repudiation, exposing you to the other side's loss. Advice before serving a notice is considerably cheaper than advice afterwards.
What is a defects liability period?
A contractual window after practical completion during which the contractor must return and rectify defects, usually with part of the security retained until it expires. It does not replace statutory warranties or common law rights — it is a mechanism for getting defects fixed efficiently rather than a cap on liability.
Get in touch
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