Building and Construction Lawyers

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Building and Construction Lawyers in Cairns

Preston Law has decades of experience providing clients with practical, timely outcomes in building and construction law matters.

Whether you are a construction company, civil contractor, subcontractor, business owner, homeowner or principal, we can help. We provide legal services to residential clients, small-scale developments, to large commercial and civil projects.

Our lawyers recognise that you want any building and construction law matters resolved quickly. With minimum fuss and with as small a hit to the pocket as possible, we help reduce hassle.

With real-world experience in building and construction you can be confident our lawyers will work with you to get the best result possible.

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Our Building and Construction Services

Our Building and Construction Team

Michael Laycock - Partner - Preston Law

Michael Laycock

Sean Webb - Special Counsel - Preston Law

Sean Webb

Chloe Pocock - Associate - Preston Law

Chloe Pocock

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Frequently Asked Questions

What legislation covers building contracts in Queensland?

As the state’s building regulator, the Queensland Building Construction Commission (QBCC) oversees the industry. Their role is to maintain proper standards for constructing homes, commercial buildings, and installing plumbing and drainage.

Is there a cooling-off period for homeowners?

There is a five business day cooling off period for homeowners that is triggered when:

  • the contract value is $20,000 or more;
  • they receive a signed copy of the full contract, and any plans or specifications; and
  • they receive a copy of the QBCC Consumer Building Guide.

It’s essential that you promptly provide homeowners with the above documents. This will ensure that everything is in order and avoid any potential complications down the line.

Can we help with building and construction disputes?

Yes, we can assist with building and construction disputes. Our goal is to avoid court proceedings. However, we can give you the guidance and support you need to work through the court system if needed.

For expert advice, speak to one of our building and construction lawyers.

Is a ‘pay when paid’ clause legal?

The short answer is, ‘no’.

The Building and Construction Industry Payments Act 2004 (Qld) and the Security of Payments Act override any clauses regarding contracts for construction works performed in Australia.

I’ve received a payment claim – what do I do?

A payment claim signifies that a builder or contractor seeks payment for their completed construction work. You must ‘respond’ to all payment claims under the BIF Act, so you should not ignore them.

There are two options in responding to a payment claim. The first is where you agree with the amount being claimed. Here, you are required to pay the claimed amount by the due date.

The second is where you disagree with the amount being cited in the payment claim. In this instance, you must respond with a payment schedule.

To discuss your circumstances or seek legal advice on how to respond, don’t hesitate to contact our lawyers.

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