BUILDING & CONSTRUCTION

Adjudication

Michael O’Brien is an Adjudicator registered with the QBCC and has years of experience deciding adjudications. Who better to help prepare or defend an Adjudication Application than another Adjudicator? As a result we are able to offer assistance with advice in and the preparation of:

• Progress claims
• Payment claims
• Payment schedules
• Adjudication applications
• Adjudication responses
• Timeframe and reference questions
• Review applications from adjudication decisions (yes, these are sometimes possible, just difficult)

Contracts

We can assist with advice on and interpretation of standard form contracts and one-off contracts or subcontracts. We can also assist and guide with the standard form contracts such as the AS Series of contracts for the MBA type contracts.

Contract Administration

We are able to assist in the administering of your contracts and give advice on what to look for. We cannot substitute for formal contract administrators but are able to assist and advise on disputes arising from the interpretation of contracts, scope of works and standards. We have long experience in dealing with issues relating to time-delay, liquidated damages, incomplete or defective works. Where necessary we can provide professional assistance in preparing briefs for expert reports in a way that will be admissible in the QLD Courts, should that become necessary.

Litigation

When it comes to construction matters involved in litigation we try quite hard to avoid litigation in the first place. There are various dispute resolution mechanisms generally available under contracts and sub-contracts but where these are unsuccessful we are able to assist in preparing and running claims in QCAT and the various Courts. We have experience in all the Courts and Tribunals in Queensland, and even some in New South Wales.

Litigation is often a significant commitment of time and resources so care needs to be taken in planning an appropriate strategy and weighing up the available evidence. We are able to assist in formulating the best approach in these circumstances.

Disputes

We have experience dealing with time and program related disputes such as:

• latent conditions;
• duties of the superintendent;
• variation orders;
• notice requirements; and
• time bars.

We also deal with termination and security for performance disputes, damages and quantum claims and various forms of insurance claims. If need be, we will also deal with insolvency matters.