Level 2, 40 Marcus Clarke Street Canberra ACT 2600
Level 2, 40 Marcus Clarke Street Canberra ACT 2600
We offer you more than just a typical law firm
Construction disputes are commonplace because they often involve a complex hierarchy of participants (subcontractors) who each depend on the quality of work meeting certain standards and timely flow of payments. These types of disputes can quickly escalate into messy expensive quagmires.
Subcontractors in the building industry have various tools available to them to secure fast payments. There are the standard debt recovery procedures, but these processes are often too slow or ineffective to achieve practical solutions within acceptable time-frames. However, there is also the process under the Building and Construction Industry (Security of Payment) Act 2009. The Security of Payment legislation is designed to allow subcontractors to get paid immediately to protect cash flow. This process is fast and comparatively affordable and follows the philosophy ‘pay now, argue later’.
However, there are many technical elements to claims under the Security of Payment legislation. Additionally claims made can be contested in Court on the basis of jurisdictional error resulting in complex, time-consuming and extremely expensive litigation. For this reason, it is important to navigate these claims carefully to avoid potential minefields.
The team at Maxwell & Co has experience lodging and fighting for Security of Payment claims, including jurisdictional challenges.
Talk to us to see how we can assist.
When building a home in the ACT you will ordinarily engage a builder. The very first step in the builder – client relationship is to sign a construction contract. These contracts, particularly where they involve hundreds of thousands of dollars, should always be reviewed by a lawyer.
It is important to get legal advice on a building contract as soon as possible (preferably before signing, but even after signing in some cases). The purpose of this advice is two-fold, to review issues in the contract and to run you through the construction process and how the contract fits into that. The construction process is complex and lengthy. It is necessary to have a base understanding of the process to manage expectations, limit conflicts and identify when the builder is engaging in conduct that is likely to result in a problem down the line.
Misunderstandings that are left unresolved and that fester and escalate until they become extremely expensive problems.
In some instances, builders may take steps to improperly pass on the costs and consequences of bad quality work by trades onto the owner.
The team at Maxwell & Co are familiar with helping both owners and builders in connection with construction disputes. We can assist and advise with building disputes in the ACT and in NSW.
Buying or selling real estate is one of the most important life decisions we can make. No matter what the transaction, our conveyancing team will make sure that the process runs as smoothly as possible.
Our experienced team of conveyancing solicitors and support staff can provide you with stress-free conveyancing services whether you are buying or selling residential real estate.
Our conveyancing approach is designed to make the process as easy, and with the least amount of stress and risk on your part as possible. Our solicitors and staff have years of experience in conveyancing, and are highly-skilled in identifying issues or concerns that may affect your transaction. With our team looking out for you, you can have absolute peace of mind that your conveyancing transaction will be taken care of.
Our team can assist with your purchase, even if you are buying at auction or purchasing through a private seller.
If you are selling residential real estate, our team will work to minimise any delays in the sale to ensure you have a quick and easy settlement.
Our conveyancing team doesn’t just deal with buying and selling established houses – here at Maxwell & Co we can also help you if you are looking to purchase vacant land, or buy and sell property off the plan.
For off the plan transactions, our team will assist you to best ensure a stress-free transaction all the way from start to finish – the end of your transaction and the completion of your property. Our team will ensure that your contract holds no traps that may undesirably impact you in the future.
At Maxwell & Co, we can also assist you with commercial conveyancing transactions and the leasing of commercial and residential properties.
Our conveyancing team have years of experience dealing with different kinds of commercial conveyancing transactions, such as:
If you are looking to purchase or sell a business, we will assist you and make sure that the process is as simple and stress-free as possible. We can facilitate the transaction and ensure that your best interests are reflected in the contract. We can also arrange the transfer of any leases related to the business you wish to buy or sell.
Disputes and disagreements are not uncommon in leasing, and can put strain on the process. If you are a Landlord or a Tenant, here at Maxwell & Co we can help guide you through the process in a way that will minimise any potential stress.
Our experienced and knowledgeable conveyancing team will assist you with your residential or commercial lease, and make sure that your interests and rights are protected throughout the process.
Our solicitors can review the lease documentation and push to make any necessary amendments in order to ensure that your interests are protected throughout the process, and we will alert you of any errors or issues that could potentially be problematic.
Building and construction disputes are commonplace within building projects. Whether you are the developer, sub-contractor, builder or client, disputes of this sort have the potential to delay your project and lead to unnecessary costs or losses.
In rare cases, if building and construction disputes are not resolved efficiently, they may result in your building project not reaching completion – resulting in a preventable waste of resources and money. Your team at Maxwell & Co can help to resolve any construction disputes, seek compensation or damages, or commence litigation.
Our solicitors will use their legal skills and experience to resolve the dispute in the most effective and efficient way possible.
Our experienced team will always try to resolve your matter without taking it to Court, and will help you navigate the most suitable dispute resolution tool for your particular dispute, including:
Past this, we will be able to advise you of any litigation options you might have, such as claiming negligence or compensation, or pursuing a breach of contract.
Should the need arise, our solicitors will use their litigation experience and expertise to resolve your dispute through their professional litigation services.
With any building and construction dispute, it is our priority to ensure that our clients’ best interests are protected, and this includes making sure that we provide them with the most cost-efficient and timely services possible.
It is important to have good neighbours in life so that you can engage collaboratively and constructively on mutual issues. However, sometimes it is hard to reach consensus because obligations and expectations may not be clear.
Two of the most common issues with neighbours are either about dividing fences and trees. Usually, it is possible to talk out issues and find a mutually agreeable compromise and that is the basis for most resolutions. But where this is complicated, or not possible, it can be necessary to take legal action.
The team at Maxwell & Co have experience dealing with neighbourhood disputes and we can advise you on your general rights as well as represent you in the ACAT to resolve these types of issues.
No matter what type of Canberra law service you may need,
our solicitors will use their good skills and experience
to resolve your issue in a timely manner.