Practical legal support for builders and contractors at every stage of a project.
Hendersons Legal offers a unique insight into the operations and practices of builders and contractors in the Victorian building and construction industry. We provide a full range of legal services for the issues that builders and contractors face every day, from getting the contract right at the outset to resolving disputes quickly when they arise. This page sits within our broader building and construction practice.
Our deep understanding of this industry is genuine. Melissa Henderson became a solicitor in 1988 and, from 2009 to 2014, left private practice to take on the role of Chief Executive Officer of Supa Group Constructions, a large, multi-award-winning home extension company. She held a domestic building manager registration from 2006 to 2015 and retains a valid Red Card allowing her access to all building sites. Hendersons Legal is also a panel lawyer to Master Builders Association Victoria.
Building Contract Preparation and Administration
We provide advice and assistance in relation to:
- HIA and MBAV building contracts, including the review and drafting of all appropriate special conditions
- Strict compliance with the Domestic Building Contracts Act 1995 (Vic), recent Victorian and High Court decisions have emphasised its consumer protection aspects and require strict compliance by builders on variations and extension of time claims, making proper contract preparation and administration more important than ever
- Ensuring the contract and all paperwork are properly and fully completed, to avoid the uncertainties that lead to on-site and post-construction disputes
- Preparing and reviewing terms and conditions for contractors, suppliers and other participants in the Victorian construction industry
Operational and Contractual Issues
Builders and contractors face a range of contractual and management issues. We can assist with:
- Preliminary agreements
- Insurance contracts
- Trade and supplier contracts, guarantees and disputes
- Third party contractor issues, including soil testers, engineers and energy raters
- Dealings with private building surveyors, including reviewing terms and conditions of engagement, handling difficult enquiries, and disputes or claims against surveyors
- Employment contracts and HR issues (see our employment law page)
- General updates on changes to the relevant legal framework
- Advertising and online issues, including internet concerns and the removal of damaging or defamatory online reviews
On-Site Issues During Construction
We provide urgent advice and support to builders caught in on-site disputes during construction, aimed at avoiding payment delays, construction delays and escalation.
Payment Claims and Security of Payment
Cash flow is everything on a building project. If you carry out commercial or subcontract work and a payment claim goes unpaid, the Building and Construction Industry Security of Payment Act 2002 (Vic) can give you a fast, low-cost way to recover progress payments through adjudication, rather than waiting on a full court case. We help builders, contractors and subcontractors issue valid payment claims, respond to payment schedules, and run or defend adjudications, as well as recover money owed under domestic building contracts. The security of payment regime generally does not apply to domestic building work carried out for an owner who intends to live in the home, so we will tell you up front which path gives you the best prospect of getting paid.
Completion and Final Payment
We assist builders facing owner disputes over defects, incomplete works, extensions of time, delay and liquidated damages, and the other issues that often arise on completion.
Warranty and Insurance Claims
We advise builders on their obligations to rectify building defects under domestic warranty arrangements, and on dealings with the Victorian Managed Insurance Authority (VMIA) and insurers. Where a building company has ceased operating, we also advise directors on their potential personal liability for defects, and provide general insurance advice.
Legal Disputes with Owners
Unfortunately, some disputes with owners escalate beyond immediate negotiation, preventing payment of final claims, or resulting in defect claims and the possible termination of the building contract followed by legal demands.
In every case, we assess all opportunities for the builder and owner to reach a resolution at the earliest possible stage. We see litigation as a last resort.
Where litigation is required, we have extensive experience and our court representation and litigation lawyers can act for you. Our work includes:
- Identifying all relevant claims, rights and remedies and assessing them for legal viability and commercial practicality
- Appointing highly regarded experts to report on the relevant technical building and construction issues
- Preparing and defending applications to the Building and Plumbing Commission dispute resolution service (formerly DBDRV) and VCAT, and identifying weaknesses in the opposing claims
- Strongly prosecuting or defending all claims to secure the best position for negotiating a mutually agreed outcome, including fully documenting enforceable terms of settlement and releases
- Issuing and defending proceedings at VCAT and in the Victorian courts, the Magistrates’ Court, County Court and Supreme Court, attending mediations, negotiating settlements and preparing settlement documentation. For complex matters we also draw on our commercial litigation experience
Frequently Asked Questions
Can you prepare and review building contracts for builders?
Yes. We draft and review HIA and MBAV contracts and special conditions, and ensure your contract and paperwork comply with the Domestic Building Contracts Act 1995 (Vic), which is essential for variations and extension of time claims.
What can I do if an owner will not pay my progress or final claim?
We act quickly to protect your cash flow, from letters of demand and negotiation through to proceedings at the Building and Plumbing Commission, VCAT or the courts where necessary.
Do you help with disputes against contractors or building surveyors?
Yes. We assist with trade, supplier and contractor disputes, and with the terms of engagement and disputes involving private building surveyors.
Why does Hendersons Legal understand the building industry?
Melissa Henderson was CEO of a large home extension company for over five years and held a domestic building registration, so we understand the commercial and practical realities builders face, not just the law.
Can I Use the Security of Payment Act to Get Paid?
If your work is commercial or subcontract work, often yes. The Building and Construction Industry Security of Payment Act 2002 (Vic) lets you claim progress payments through adjudication, which is usually faster and cheaper than court. It generally does not cover domestic building work for an owner who intends to live in the home, so we will confirm whether it applies to your contract and, if not, the best alternative for recovering what you are owed.
Why Choose Hendersons Legal
Melbourne CBD Location
Our office is conveniently located steps from all major Victorian courts and tribunals. We can easily arrange Zoom meetings or telephone conferences where required.
Speed and Reliability
We always give priority to urgent work to protect your legal interests. You will know your matter is in capable hands and that you are kept up to date as your matter progresses.
Unique Industry Expertise
Melissa Henderson understands the issues and practicalities of building first-hand, having been CEO of a large home extension company for over five years. Combined with our rich understanding of the laws and processes that apply in Victoria, including acting for applicants and respondents at the DBDRV/BPC, VCAT and on appeal to the Supreme Court, this gives our builder and contractor clients a real advantage.
A Practical, Common-Sense Approach
We work to get results efficiently and keep our communication clear. We work closely with you so we understand exactly what you want, and we build a sensible strategy to get there while keeping the commercial realities firmly in view.
How It Works
To get started, contact us by phone or fill out our online enquiry form with the details of your matter. We will confirm the scope of work, provide a fee estimate and get to work, keeping you fully briefed at every stage.
Speak to a Building Lawyer Today
If you are a builder or contractor needing advice on a contract or a dispute, early legal input can protect your cash flow and your reputation. Call Hendersons Legal on (03) 9629 2211 or complete our online enquiry form today.
