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Building, Property and Leasing Disputes and Planning Appeals

Legal advice on conveyancing disputes, leasing disputes, defective works claims, adjudication applications and development application appeals.

How we can help

  • Contract disputes
  • Security of Payment Act adjudications
  • Defective workmanship and statutory warranties
  • Leasing and conveyancing disputes
  • Planning and environmental law litigation

Expertise

Our litigation and dispute resolution team has extensive experience assisting clients in the building and construction, engineering and mining services industries. We have advised and acted for clients in relation to both commercial and residential disputes.

Our team understands the complexity and critical importance of timing issues that can arise in building and construction disputes, particularly in claims made under the Security of Payment legislation. In an area of law where mistakes and oversights can have significant impact, SWS offers a team of lawyers with close attention to detail and a focus on thorough yet efficient service delivery.

If a client’s dispute becomes litigious, we are experienced in navigating the often complex aspects of building and construction proceedings across a variety of jurisdictions. Our specialist experience in this area enables us to effectively and efficiently traverse the evidentiary issues that may arise in a building and construction dispute, including, for example, in relation to retaining and qualifying specialist experts such as engineers.

Our experience includes:

  • Acting on behalf of a client in proceedings in the Supreme Court in relation to a significant defective building works claim on a large residential commercial property involving multiple contractors.
  • Advising in relation to a dispute over the return of a bank guarantee in connection with substantial commercial construction project in the health sector.
  • Advising an owners corporations in relation to defective buildings works, including in relation to a large commercial property involving defects in excess of $1m.
  • Acting for contractors within the building and construction industry in relation to disputes and debt recovery actions regulated under the Building and Construction
  • Industry Security of Payment Act 1999 (NSW).
  • Successfully representing a sublessor in Supreme Court litigation over a rent review dispute where the amount claimed exceeded $1m.

Their approach is always professional and delivered at a standard comparable to a capital city law firm. It is the clear strategic direction that has always impressed me about the SWS team.

-Director, Top 10 Australian Accounting Firm

We believe their ability to combine first rate legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions. We use SWS because of their ability, not their post code.

-Robert Radcliffe-Smith, Advent

The combination of rare legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions.

-Paul Valaire, Addcar

SWS has assisted with advice on securing and exercising complex property and commercial contractual rights and assisting with protracted contractual management and implementation. We value legal experts who can offer pragmatic and commercial legal solutions for our complicated matters. SWS Lawyers has consistently met these criteria.

-Leading AU/NZ Logistics Company

The team at SWS Lawyers have already showcased their professionalism, commitment, positive can-do attitude and insight into our needs and have a clear understanding of the disability sector.

-Garry West-Bail, Deaf Sports Australia
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