Our practice areas forBuilding & Construction Law include:

Home Building Act 1989 litigation and statutory disputes.
Design and Building Practitioners Act 2020 claims.
Commercial and residential building claim management.

Strata scheme representation and collective ownership disputes.
Developer and contractor legal advocacy and advisory.
Supreme Court of NSW proceedings and complex litigation.

Loulach Schedules and technical list statement preparation.
Sophisticated defense strategies for construction industry stakeholders.
NCAT representation for building and workmanship matters.

Strategic Advice for the Building and Construction Industry

Our lawyers provide comprehensive representation for owners, developers, and contractors in complex litigation and statutory claims. We specialise in advancing sophisticated strategies under the DBP Act and Home Building Act across all New South Wales courts and tribunals.See also Strata and Property & Commercial.

David acted for me and my wife on a property purchase. The whole process was seemless - even though it had to be done hastily over a Christmas vacation period. He provided good advice, efficient delivery and good value.

Colin Brigstock, Client

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Your Trusted Law Partner in Building & Construction

FAQs

Why is identifying the date of completion of building work so important under the Home Building Act 1989 (NSW)?

Because the statutory warranty periods run strictly from the date of completion, getting this date wrong can mean a defect claim is made too late. Courts and tribunals enforce these time limits very strictly, so determining the correct completion date is often the first and most important step in any building defect matter.

Why do clients need to be extremely careful about where a building and construction claim is commenced?

Clients need to be extremely careful because proceedings commenced in the wrong jurisdiction may later be transferred to another forum at great cost and expense. In some cases, parties may spend years litigating in one jurisdiction only for the matter to be transferred elsewhere because the original forum did not have the requisite jurisdiction. As noted in The Owners – Strata Plan No 47035 v Athens [2025] NSWSC 1588, this can result in the enormous cost and time already spent in one jurisdiction being “essentially for nothing.”

What must homeowners do to protect their right to make a claim under the Home Building Compensation Fund (HBCF)?

To comply with the policy and protect your right to claim, you must notify icare HBCF as soon as you become aware of any defect, loss, or problem - usually by lodging a Loss Notification Form. This must be done within the required timeframes, generally within six months of becoming aware of the issue. Even after notifying HBCF, you must still take reasonable steps to pursue the builder until a trigger event occurs.

Why is it important for NSW strata owners to understand the difference between lot property and common property?

This matters because it affects money, repairs, approvals and risk. If something is common property, the owners corporation must arrange and pay for repairs. If something is lot property, the lot owner pays. Getting this wrong can mean unexpected bills or delays while responsibility is argued. It also matters for renovations, insurance and liability, particularly where boundaries are unclear.