Construction Contracts and more!

Strategic advice at the notice stage can prevent issues arising, project delay and reputational damage. Whether you are issuing a notice or responding to one, early legal engagement protects both program and profit.

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Construction contracts

Construction contracts

In Victoria's construction landscape, contracts, getting paid and dealing with neighbour issues like protection works notices are critical for project success.

With the introduction of the Building Legislation Amendment (Buyer Protections) Act 2025 and the Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025, builders, plumbers, consultants and subcontractors must ensure their contracts and payment processes align with rapidly evolving legal obligations.

Building contracts

Building Contracts That Work With the New Law

Building advice and contracts

Standard forms and outdated templates are no longer sufficient.

We advise on drafting and reviewing:

  • Head contracts and bespoke subcontract agreements
  • Consultant and engineering agreements
  • Risk allocation and indemnity clauses
  • Provisional sums and prime cost items
  • Variations and delay mechanisms
  • Termination and suspension rights
  • Insurance and indemnity alignment

Under the Domestic Building Contracts Act 1995, compliance failures can have serious enforceability consequences. Builders and subcontractors must understand how statutory warranties, disclosure requirements and new regulatory powers of the Building and Plumbing Commission interact with contractual risk allocation.

At BU Lawyers, we prepare contracts that not only comply — but strategically position you if a dispute arises.

Security of Payment: Getting Paid Without Delay

Cash flow is the lifeblood of every contractor.

The Building and Construction Industry Security of Payment Act 2002 remains one of the most powerful debt recovery tools available. Recent amendments will strengthen enforcement and remove historical complexities such as reference dates and excluded amounts, bringing Victoria closer to other jurisdictions.

Strict timeframes apply.

  • A non-compliant payment schedule can be fatal.
  • New reasons for withholding payment cannot be raised later in adjudication.
  • Missed deadlines may permanently extinguish rights.

We prepare and respond to:

  • Payment claims
  • Payment schedules
  • Adjudication applications
  • Jurisdictional challenges
  • Strategic enforcement proceedings

Where appropriate, adjudication can be taken or statutory demands under the Corporations Act 2001 (Cth) to maximise leverage.

If you are not paid, you need advice immediately — not weeks later.

Protection Works Notices: Builders and Adjoining Owners Must Act Fast

Protection Works Notices

Protection works under Part 7 of the Building Act 1993 (Vic) carry strict procedural requirements.

  • Adjoining owners have 14 days to respond to a Form 7 notice.
  • Failure to respond results in deemed agreement.
  • Errors in service, scope or security can invalidate the process.

If agreement cannot be reached, determinations may lead to appeal to the Building Appeals Board.

Strategic advice at the notice stage can prevent issues arising, project delay and reputational damage. Whether you are issuing a notice or responding to one, early legal engagement protects both program and profit.

Contracts, cash flow, neighbours. Get it right from the start.
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