FAQs2023-02-07T12:32:28+11:00

FAQ

For your convenience, our most common questions are answered right here.

Not finding what you want? Reach out directly through our Contact Us page.

So what exactly do you do?2023-02-07T11:50:22+11:00

We are building and construction experts. We can assist you in strictly a non-legal way (valuing construction work, responding to defect and delay claims).  We are not a debt collector, we don’t act on your behalf or issue demand letters. We work closely with a Sydney based law firm, so in an all matters which need legal advice, you will liaise directly with them.

My contract states that if I don’t have a variation approval and I have carried out the work anyway, I am not entitled to any payment. Does that mean I did the work for free?2023-02-07T11:53:39+11:00

The Act provides for an entitlement to payment for construction work. However, the interpretation of the contractual provisions as well as the conduct of the parties are both of vital importance. Contrary to the common belief, you may be barred from making a payment claim for the variation in certain circumstances.

I did work on day labour but have no signed labour dockets. Can I still get paid for the time spent?2023-02-07T11:58:36+11:00

It’s not ideal, that said, it might be possible. How did you record your hours? Is there any correspondence which can support your claim? It really all depends on your circumstances.

I don’t have a signed contract, does this mean I can’t use the Act?2023-02-07T12:00:45+11:00

The contract does not have to be in writing. However, you will need to tender some evidence of terms of the contract such as the sum, scope of work, plans, specifications and so on…

Do you actually know anything about building?2023-02-07T12:04:57+11:00

Our principal has a bachelor degree in building and is also a licensed builder with vast experience in the industry including cost planning, project management and as an expert witness.

My client/builder has gone broke; can I still use the Act?2023-02-07T12:06:27+11:00

Your options are rather limited. Time is of the essence, you need to act immediately. It all depends at what stage of the insolvency the client/builder is.

I have still got work to do under my contract, should I adjudicate now?2023-02-07T12:10:35+11:00

Adjudication does not mean your contract is terminated. Essentially it all depends on your financial position i.e. can you afford to wait till the end of the job? The larger the sum you are owed the harder the other party will do anything to hold on to it. If your client/becomes insolvent your chances of full (or even considerable) recovery are slim.

I have done some residential work and I’m not getting paid. Can I use the Act?2023-02-07T12:11:27+11:00

Yes, the Act now applies to home owners who reside or propose to reside at the premises.

Should I use a solicitor to adjudicate?2023-02-07T12:15:28+11:00

In our opinion if you haven’t done this before at very least you should get legal advice. This doesn’t mean that you should not do at least some of the work yourself. We can help you with your written submission which relates to construction work costs, delays, defects and expert reports.

Can I use the Act to claim my retention?2023-02-07T12:17:06+11:00

Yes, but don’t wait too long. The Act provides for limited time frames to take action.

My contract states that I have to mediate or use an alternative dispute resolution or issue a dispute notice before I can adjudicate. Is that the case?2023-02-07T12:18:10+11:00

No, a contract cannot stop you from using the Act.

Surely I can’t win against a builder or a developer with their very expensive lawyers who deal with this all the time?2023-02-07T12:23:23+11:00

Why not? In our experience the other party simply presumes that you won’t do anything about it. If you have done your work in accordance with the contract you should be able to get a good result. The important thing to understand is that the Act was designed to help to do just that, help you to get paid for work quickly. Please read our Why Use the Act page.

Surely this is not as ironclad as a court judgement?2023-02-07T12:24:04+11:00

An adjudication outcome is usually enforceable just as a court judgement. Please refer to our Adjudication page.

Are there minimum or maximum amounts I can claim?2023-02-07T12:24:33+11:00

There are no limits either way.

I have carried out work more than 12 months ago, is it too late?2023-02-07T12:25:06+11:00

It depends, some contracts may provide for longer periods or you may not even realise that you actually have carried out some construction work. Tell us your story.

This sounds very easy, surely it’s too good to be true?2023-02-07T12:25:39+11:00

This is the whole point of the Act, to make it easy, cheap and quick to get your money. However, we can’t stress this enough, you must know what you are doing.

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