Building and construction law

When the build goes wrong, the paperwork decides it

Sydney building and construction lawyers for home owners, builders, subcontractors and strata committees.

Contracts, defects, payment claims and disputes

Illustration of a building under construction, steel framing set against a concrete frame with a crane above.
Where do you stand?

Start from your side of the contract

I am a home owner

Defects, incomplete work, overcharging, or a builder who has walked off site.

I am a builder or subcontractor

Unpaid claims, contract disputes, variations refused, or a defect allegation to answer.

We are an owners corporation

Common property defects, building bond claims, and disputes with a developer or builder.

What we act on

Building and construction matters

3.01

Reviewing and drafting residential and commercial building contracts before you sign, and advising on what a signed one actually requires.

3.02

Payment claims, payment schedules and adjudication under the NSW Security of Payment legislation, for claimants and respondents.

3.03

Claims about defective or incomplete work, including statutory warranty claims and expert evidence.

3.04

Disagreements about what was agreed, what changed, and who pays for it.

3.05

Delay claims, liquidated damages and extension-of-time entitlements under the contract.

3.06

Running and defending building claims in NCAT and in the courts, including appeals.

Time limits

The sequence, in outline

Under the NSW Security of Payment legislation, a payment claim starts a sequence of steps. Miss one and rights can be lost entirely, sometimes within days.

01

A payment claim is served

The claim must meet the requirements in the Act to count as a payment claim at all.

02

A payment schedule is due in reply

A respondent who does not reply in time can lose the right to raise reasons for withholding payment.

03

Adjudication may be available

An adjudication application must be made within the period the Act allows for the situation.

04

The determination is enforced or challenged

Adjudicated amounts can be recovered as a debt; challenges are narrow and urgent.

Time limits

Building disputes run on deadlines, and most of them are short

The number of days at each step depends on the type of notice and the contract. Do not rely on a figure from a website, including this one. Bring your documents and the dates to a lawyer straight away.

General information, not legal advice. This page sets out how the law generally applies. It does not take account of your circumstances, and you should get advice about your own situation before acting on it. The official sources this page is written from are listed on it; where they differ from anything here, they are the authority.

How we work

From first contact to a position

01

Share a short summary

Tell us the project stage, the issue and any approaching dates. We will explain how to provide documents after the initial checks.

02

Get a position, in writing

We set out what the contract requires, what the legislation adds, the realistic options and what each is likely to cost.

03

Act on it

Negotiation, adjudication, expert evidence or proceedings. We tell you when a matter is not worth running.

Guides

Before you sign, and before you fight

An illustration of a closed notebook, blank pages and a fountain pen on a desk.

What to check before you sign a residential building contract

The clauses that cause most of the disputes we see, and what they mean in practice.

An illustration of a brass line running over three stepped platforms towards a lit archway.

Payment claims: what makes one valid

Why a claim that looks like an invoice may not start the statutory clock.

An illustration of an architectural model of two neighbouring terrace houses.

Defects: statutory warranties and who can rely on them

What the warranties cover, how long they last, and who they protect.

Questions

Common questions

Should I send the letter myself first?

Sometimes, and sometimes not. Correspondence in a building dispute becomes evidence. A letter that concedes the wrong point is hard to undo, so it is worth a conversation before you send anything significant.

Is it worth pursuing if the amount is modest?

Not always. We will tell you when the likely recovery does not justify the cost and risk, and what the cheaper options are.

Do I need an expert report?

An expert report can help where the issues are technical, and whether one is needed depends on the claim and on the directions the tribunal or court makes. NCAT publishes what it expects of expert evidence. We advise on when to commission one and what it should address.

What is the difference between NCAT and court?

NCAT hears many residential building claims. Larger or more complex matters, and some commercial ones, belong in the courts. Which applies depends on the claim.

The Jameson Law team, photographed in their Sydney office.

The people behind this service

Legal services are provided by Jameson Law.

Recognition of Jameson Law

Recognition received by Jameson Law and its team. Sydney Building Lawyers is a service of Jameson Law. Award years and categories are shown on the original badges.

Local Business Awards artwork supplied by Jameson Law

Jameson Law’s Local Business Awards, 2021–2026, with the distinctions shown.

Members of the Jameson Law team at the 2026 Local Business Awards, holding the award.

Jameson Law at the 2026 awards.

Professional bodies and memberships displayed by Jameson Law.

Professional bodies and memberships displayed by Jameson Law.

Next step

Send us the contract and the dates

Tell us briefly where the project stands and we will come back to you with the next step.

Phone

(02) 8806 0866

Email