Saal & Associates Lawyers, Building and Construction Lawyers - Brisbane, Gold Coast, Gladstone, Qld

Building & Construction Law
Brisbane Lawyers

Building and construction law is one of Saal & Associates Lawyers’ core practices. In this regard, Brett Saal, the principal of Saal & Associates Lawyers, possesses extensive background knowledge in the building and construction industry given that he is a qualified electrician, having completed his apprenticeship in 1987. As such, Brett’s practical insight provides a distinct real world advantage to our clients.

Brett is also a member of the Building Dispute Practitioners Society and Society of Construction Lawyers Australia. Brett has also provided presentations to businesses and associations in relation to the Building and Construction Industry Payments Act 2004 and the Subcontractors Charges Act 1974.

Saal & Associates Lawyers can advise and assist clients to understand:

• their pre-contractual rights and obligations;
• their rights and obligations under a contract in which they have entered into;
• their rights and obligations in relation to a dispute arising from a contract.

Saal & Associates Lawyers has experience in the following building and construction law areas:

• Building and Construction Industry Payments Act (Qld) 2004. Whilst this area provides the ability for a builder or subcontractor to receive payment for works it has performed on a monthly basis, it is necessary to ensure that Claims, and Responses to Claims, comply with the Act. In this regard, we have experience in preparing:
  • Payment Claims;
  • Payment Schedules;
  • Adjudication Applications – which are made in the advent that a claimant is not satisfied with the amount outlined in a Payment Schedule;
  • Adjudication Responses – which are prepared in response to our Adjudication Application;
  • The review of an Adjudicator’s Decision to ensure that the adjudicator:
    • had jurisdiction to determine the Adjudication Application;
    • has afforded procedural fairness to the parties;
    • did not make an error;
    • relied solely on the material presented to him or her by the applicant and respondent;
  • Obtaining an Adjudication Certificate, which arises out of an Adjudicator’s Decision;
  • Obtaining a judgment debt through the appropriate court based upon an Adjudication Certificate.
• Subcontractors Charges Act 1974 – this Act allows a subcontractor to require the owner of commercial property to retain an amount of money rightfully due and payable to the subcontractor until such time as the builder either accepts the amount claimed in the Subcontractors Charge, or alternatively, the court determines what amount is due and payable to the subcontractor pursuant to the Subcontractors Charge. In effect, a Subcontractors Charge requires the developer to secure and quarantine an amount of money, who is not entitled to pay that money to the builder. In this regard, we have experience in:
  • preparing Subcontractors Charges;
  • reviewing Subcontractors Charges served;
  • commencing or defending proceedings under the Subcontractors Charges Act 1974.
• Queensland Building Services Authority Act 1991. We can assist clients with the following:
  • Making an Application for a license;
  • Making an Application for renewal or reinstatement of a license;
  • Defending any proceedings brought by the Queensland Building Services Authority for an offence under the Queensland Building Services Authority Act 1991;
  • Applying to review a decision of the Queensland Building Services Authority to deem a licensee an excluded individual;
  • Making an Application to the Queensland Civil & Administrative Tribunal to deem a company an excluded company;
  • Making an Application to the Queensland Civil & Administrative Tribunal to categorise an individual as a permitted individual;
  • Making an Application to the Queensland Civil & Administrative Tribunal to review a decision of the Queensland Building Services Authority to issue an Infringement Notice or Direction to Rectify on a Queensland Building Services Authority licensee.
• Queensland Civil & Administrative Tribunal – this Tribunal is an informal tribunal designed to facilitate a quick and inexpensive resolution of disputes, which include building and construction disputes, in relation to residential properties. Whilst commercial disputes can be dealt with under the Queensland Civil & Administrative Tribunal jurisdiction, the parties must firstly consent to the jurisdiction. In short, there are generally two building and construction dispute that can be brought in the Queensland Civil & Administrative Tribunal, being:
  • an Application by a home owner against a builder for defective building works;
  • an Application by a builder against a home owner for:
    • breach of the construction contract;
    • failure to pay Stage Claims, Final Claims or Variations.
  • We also defend builders in Applications brought by the home owner for defective building works.
• Claims against building inspectors and pest inspectors for negligent inspection reports.
• Claims against building certifiers for negligent certifications.
• Magistrates, District or Supreme Court Civil proceedings. These courts are utilised for matters that fall outside of the jurisdiction of the Queensland Civil & Administrative Tribunal.  Saal & Associates Lawyers can assist our clients with matters within the jurisdictions of these courts involving:
  • commencing or defending proceedings under a building/ construction contract for breach of that contract, negligence or some other action;
  • proceedings commenced under the Subcontractors Charges Act 1974 for enforcement and determination of a Subcontractors Charge;
  • an Originating Application under the Building and Construction Industry Payments Act 2004 for review of an Adjudicator’s Decision.

Our building and construction clients are varied and fall into these basic categories

Owners:

• Developers – both commercial and residential;
• Home or investment property owners.

Building Trades:

• Builders;
• Subcontractors;

Specialist Building Services:

• Engineers;
• Architects;
• Surveyors;
• Building certifiers;
• Building and pest inspectors.