Building & Construction
Ryan Murdoch O’Regan is highly experienced in the area of building and construction law, we work both in the pre-planning and construction stages, as well as with resolving disputes.
Our particular expertise in the areas of commercial litigation, bankruptcy, insolvency and reconstruction (including debt collection), and business and property matters ensure that we can work with a client to reduce the likelihood of disputes arising in the first place.
Building & Construction Team
We assist with preparing construction contracts, sub-contracts and other ancillary agreements; we also advise and assist in the preparation of tender packages, risk assessment and management, and offering all other forms of commercial advice concerned with the management of a project.
It is frustrating when:
- you are a builder or subcontractor and:
- the Queensland Building and Construction Commission (“QBCC“) is trying to take your licence, due to circumstances beyond your control,
- you have a multimillion dollar contract to build a commercial premises, and when prefabricated buildings turn up they are too large for the slabs you have just laid,
- you are running a large operation with several offices and multimillion dollar turnover – but unexpectedly find yourself bankrupt,
- you have not been paid:
- despite doing the job perfectly,
- which is understandable as you have done a shonky job,
- you have engaged a builder, building inspector or other contractor and:
- the building that is built is completely different from what you ordered, leaks or falls apart,
- once court proceedings commence against them they:
- lose sanity and no longer come out of their house or speak, or
- win the lotto, despite promising that you won’t get a cent,
- your house has internal wall panels on the outside and looks suspiciously like Weet-Bix when it rains,
- you were once a large property developer/ builder/ contractor with millions of dollars worth of work and/or assets, but are now considering bankruptcy.
We have dealt with such matters, have seen it all before and can help you.
Matters our lawyers have handled include:
- acting for all of the above in all courts and the Queensland Civil and Administrative Tribunal (“QCAT“),
- successfully resolving construction disputes through the use of mediation, informal settlement conference, negotiation, court or tribunal proceedings and formal offers according to the rules of court,
- relentlessly pursuing negligent or unscrupulous people and companies who have ripped off our clients,
- advising about the termination of building contracts, delays, disruption, and rights under construction contracts,
- advising about payment claims, payment schedules, and adjudication applications, including claims totalling approximately $16,000,000 – which had no basis at all and were successfully rejected,
- successfully dealing with unsatisfactory adjudicators’ decisions – including having such decisions stayed or overturned,
- acting in relation to the Subcontractors’ Charges Act,
- acting against the QBCC (previously the QBSA),
- acting promptly to obtain a court order freezing funds in the bank account of a negligent party, enabling our client to reach a favourable settlement which involved the purchase of her unsatisfactory home by the negligent party,
- acting for subcontractors against large building companies concerning payments not received,
- acting for a contractor owed over $5,000,000 by a large building company, and
- successfully settling a matter where the negligent builder had lost all mental capacity, the matter was listed for trial and a favourable settlement for our client was reached at mediation with a representative of the insurer.