Stay connected with Navado:
SYDNEY CBD    |    PARRAMATTA    |    CHATSWOOD    |    ROCKDALE

Buying or selling a residential property?

With our Residential Conveyancing Offer, we offer fixed fees of $990 (plus disbursements) for your purchase or sale. Conditions apply. | See more …

Have you been charged with a criminal or traffic offence?

We offer fixed fees from $1100 for one of our Lawyers to appear on one day at any Local Court in Sydney. Conditions apply. | See more …

Buying a property and need a home loan?

Our experienced Brokers can help you compare interest rates and home loans, at no cost to you in the comfort of your own home. | See more …

Do you need to lodge your personal Tax Return?

Our Public Accountants & Tax Agents charge a flat fee of $143 for your Individual salary or income tax returns. Conditions apply. | See more …

Secure your financial future. Plan today, enjoy tomorrow.

Create wealth. Minimise tax. Structured tailored solutions. Arrange a free consultation with a Financial Advisor today. Conditions apply. | See more …

You don't have a will? Don’t leave it until it’s too late...

We can help. Our lawyers will obtain an understanding of your situation and complete your simple will for $330. Conditions apply. | See more …

Conveyancing & Will Offer

Fixed fees of $1190 (plus disbursements) for the sale or purchase of residential property & a simple will. Conditions apply. | See more …

Are you thinking of setting up a Company?

For a fixed fee of $550 plus disbursements, our Public Accountants can help you complete the puzzle of Company Registration. | See more …

Going to Court? Strategy is key.

You may feel like you are all alone and that the odds are against you. Speak to one of our experienced Litigation Solicitors. | See more …

Get the right legal advice for your business.

When it comes to your business, precision is key. Speak to one of our experienced Business & Commercial Law Solicitors. | See more …

Do you have a civil or commercial dispute?

Our Litigation Lawyers focus on delivering cost effective, strategic solutions to your legal dispute. | See more …

What are your legal rights? Do you know where you stand?

Don’t feel discouraged. We can help. For an agreed fixed fee, we can provide you with a preliminary legal opinion. | See more …

Are you considering setting up a Trust?

For a fixed fee of $880 plus Disbursements, our Public Accountants can help you establish a Discretionary, Family, Hybrid or Unit Trusts. | See more …

Are you thinking of setting up an SMSF?

For a fixed fee of $550 plus disbursements, our Public Accountants can help you register your SMSF. Conditions apply. | See more …

Are you thinking of setting up a Business and Company?

For a fixed fee of $825 plus disbursements, our Public Accountants can help you register your Business & Company. Conditions apply. | See more …

Have you considered seeking Estate Planning legal advice?

We offer a special package of $990.00 including GST, for a simple Will, Power of Attorney and Enduring Guardianship. Conditons Apply. | See more …

Become a Navado Private client

Navado Legal & Financial Group can provide a total synergistic legal and financial solution tailored to your circumstances. | See more …

Previous
Next

A building contract may be a very complicated and large document comprising of many sections and parts. Where a person is considering signing a building contract, but is uncertain whether or not it has been drafted and collated in such a way that his rights are fairly protected, it is advisable to retain a Building Contract Solicitor to review the document and provide an opinion as to the reasonability of its provisions. Fundamentally, the building contract will contain a list of provisions relating to:

  • The subject matter of the contract:
    • The building to be constructed;
    • Its location;
    • Its cost;
    • Time frame of construction;
    • Materials to be used; and
    • The rights, liabilities, duties and responsibilities of each party:
      • Professional Standards to be used;
      • Payment;
      • Inspection;
      • Rectification;
      • Warranties;
      • Indemnities; and
      • Other specific provisions relevant to the type of building being built.

One problem area, is where a party to a building contract believes that a provision of the agreement was supposed to be incorporated, or that it was understood that some term of condition would be complied with while the contract itself does not reflect this. The contract may contain what is known as an “Entire Agreement” clause. This is a clause which states that the contract is the whole contract and that no other representation (whether being made before the contract was entered into or during the existence of the contract) is to be understood to be part of the agreement or used to interpret the agreement. These clauses seek to provide certainty by excluding what is known as extrinsic evidence from the agreement. Nevertheless, sometimes it may be possible to rely on extrinsic evidence even in the face of an entire agreement clause. These matters must however be determined on a case by case basis.

A building contract lawyer will be able to review all the provision of the building contract and determine whether the contract is fair, whether any provisions are unlawful, illegal or unreasonable, what provisions are missing which could safeguard the rights of the prospective owner of the building, and general advice in relation to the negotiation process before the contract is executed and work commences. The building contract team at Navado will be able to provide ongoing services in relation to precontractural legal advice, the interpretation of contractual terms and conditions in light of recent law, contract negotiation with the builder, the administration of an executed contract which is on foot, as well as the compliance with terms and any advice in relation to potential breaches of the building contract.

If you require assistance with contract litigation in your building and construction matter you may wish to contact our office on (02) 9233 4048 or send an email to info@navado.com.au and make an appointment to see one of our solicitors in our Sydney CBD head office. By appointment, we can also make a time for you to see one of our lawyers in one of our branch offices. For a complete list of our branch offices, please peruse our "Locations" tab.

Bookmark and Share

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

Sorry, but no Articles are available at this time.

Sorry, but no FAQs are available at this time.

If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:

  • Sydney
  • Parramatta
  • Chatswood
  • Rockdale

Our Locations

  • Building Lawyer Sydney
  • Construction Lawyer Sydney
  • Building Lawyer Parramatta
  • Construction Lawyer Parramatta
  • Building Lawyer North Sydney
  • Construction Lawyer North Sydney
  • Building Lawyer Hurstville
  • Construction Lawyer Hurstville
  • Building Lawyer Liverpool
  • Construction Lawyer Liverpool
  • Building Lawyer Gordon
  • Construction Lawyer Gordon
  • Building Lawyer Baulkham Hills
  • Construction Lawyer Baulkham Hills
  • Building Lawyer Campbelltown
  • Construction Lawyer Campbelltown
  • Building Lawyer Bondi Junction
  • Construction Lawyer Bondi Junction
  • Building Lawyer Chatswood
  • Construction Lawyer Chatswood
  • Building Lawyer Miranda
  • Construction Lawyer Miranda
  • Building Lawyer Bella Vista
  • Construction Lawyer Bella Vista
  • Building Lawyer Erina
  • Construction Lawyer Erina
Quick enquiry
  • Request an appointment

Where to find us?

Sydney (Head Office)
Level 10, 309 Pitt Street.

Parramatta
Level 7, 91 Phillip Street.

Chatswood
Level 20, Tower A, The Zenith,
821 Pacific Highway.

Rockdale
Level 2, 10 King Street.

In NSW, Interstate or International?
Initial Consultations are available by Skype or Tele-Conference.

Stay connected
Ask an expert