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Building & Construction

2. How a Lawyer Can Help

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 23 Jun 2015

I2. How a Lawyer Can Helpt is important to get good legal advice at the right time whether you are the owner or a small or medium sized business in the building and construction industry. The right time is prior to entering any contract before any significant disputes are raised.

A building or construction lawyer can help protect your interests by preparing or reviewing a contract for you. It is important to be actively involved in the contract formation whether you are an owner, builder or subcontractor. This means reading the contract yourself and seeking legal advice about any issues that you are unclear about or which do not meet your needs.

If you are a builder or contractor who engages in regular building work it is advisable to have a lawyer:

  • review your standard form contracts;
  • assist you in drafting any special conditions or amendments to the standard form that you require; and
  • help you develop a set of precedent letters to be used at each stage of the building process.
  • A lawyer can also advise on licencing requirements and assist in obtaining required permits.

If you are an owner who has been presented with a building contract a lawyer can advise on and negotiate any clauses that should be added, amended or removed.

When a dispute arises it is important to get advice early. The manner in which allegations of defective or incomplete work are made and responded to can affect the final outcome dramatically. With early intervention lawyers can often stop a dispute escalating into legal proceedings that become expensive and distracting. They can also advise and assist with alternative forms of dispute resolution such as mediation and informal settlement conferences.

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