Published On: Sat, Dec 3rd, 2016

Let’s Look at Construction Law in Australia

When you think of construction in Australia, or anywhere else in the world, you may not think of much more than the building of a site or two. But did you know that there is a lot more that goes into building planning outside of the architecture of the building itself? Surprising, you’ll find that law is involved as well. This type of law is noted as construction law. So what exactly is it? We’ll take a look at everything surrounding construction law as well as the key points you’ll need to know, below.

Construction Law in Australia

What is construction law?

Though it may sound a bit complicated, it’s really not. In essence, construction law is comprised of contract drafting and advice, debt recovery, dispute resolution and litigation, joint venture agreements, tenders and negotiations and planning and development applications with a council. Since you’ll want to make sure to have all of the important information done correctly, you’ll want to hire a construction law lawyer to handle all of the paperwork and schedule all of the necessary meetings. It’s also a good idea to hire a contracts and claims manager such as Lisa Dudzik to help handle your affairs. The key is to remember that each part of a construction project can be affected by federal, state and local laws, so there can be differences from one area to the next.

What is the National Construction Code?

Also known as the NCC, the National Construction Code is an important code issued by the Australian Building Codes Board, otherwise known as the ABCB. This code outlines the minimum requirements for both the design and construction of all new buildings with an importance on the healthy, safety and sustainable design of these said buildings.

Important state and territory legislation

In addition to the National Construction Code, builders also have to comply with local and state laws and regulations. These tend to cover registration, contract formalities, insurance, licenses and statutory implied warranties found within contracts. Each state has a different legislation, again outlining the importance of hiring a lawyer to help you negative this maze of paperwork and essentials.

Security and payment legislation

In addition to different state and territory legislations, you’ll also find that there are different forms of security of payment legislation to know as well. These are of great importance to contractors and subcontractors. The legislation makes sure that they are paid promptly for all of the construction work that they do on each and every building site. Because the framework for the legislation is so detailed, you’ll find that it covers the recovery of money and resolves various financial disputes thus eliminating the need to resort to any form of litigation.

With this all in mind, you’ll also find that there are other laws that come into play, but again, these are all things that your hired lawyer will detail out for you should you become confused anytime during the process. Construction law may cover lots of different aspects and angles, but in the end, it can be understood.