Security of payment

Batch Mewing Lawyers regularly advises claimants and respondents in relation to all matters arising under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) and Building and Construction Industry Security of Payment Act 1999 (NSW) (BCISOPA) and their interstate counterparts.

Batch Mewing Lawyers has advised claimants and respondents on disputed claims ranging from $100,000 to in excess of $10 million.

We assist with:

  • Understanding the legislative framework (including timing and technical issues) as part of formulating overall dispute resolution strategies.
  • Payment claims.
  • Payment schedules.
  • Adjudication applications (including analysis of evidence and drafting of statutory declarations).
  • Adjudication responses.
  • Negotiations during the course of the process.
  • Challenging adjudication decisions on jurisdictional grounds (or resisting such challenges).
  • Enforcing adjudication decisions.
  • Drafting and negotiating settlement deeds.

Major construction projects

Batch Mewing Lawyers advises on, negotiates and drafts all forms of construction contracts for major construction projects.

Our expertise includes the following forms of contracts:

  • Australian Standard contracts.
  • Design and construct contracts.
  • Consultancy agreements.
  • Head contracts and subcontracts.
  • Supply agreements.
  • Tender agreements.
  • Letters of intent and early works agreements.
  • Memorandums of understanding.
  • Teaming agreements.
  • Deeds of variation.
  • Escrow deeds.
  • Rock anchor and crane over-sailing deeds.
  • GMP Contracts.
  • Alliance contracts.
  • Joint venture agreements.

Dispute resolution strategies

For complex claims, Batch Mewing Lawyers works with its clients to develop claim or defence strategies, using the best options available to them.

Batch Mewing Lawyers helps its clients to consider all issues such as claim options under the security of payment legislation, construction litigation, arbitration, subcontractors’ charges, and the dispute process within the relevant construction contract, among others.

Batch Mewing Lawyers also considers broader commercial issues including the timing of the project, available resources, insurance, the risk of cashing of bank guarantees or bonds, risk of back-charges, etc.

Construction litigation and arbitration

Batch Mewing Lawyers advises major contractors and subcontractors on strategies for, and the execution of, construction litigation and arbitration.

This includes litigation in the Supreme Courts of Queensland and New South Wales, as well as under the applicable arbitral rules.

Litigation and arbitration can be daunting. We put our clients at ease by helping them to understand the whole process including:

  • Statements of claim.
  • Defences.
  • Disclosure.
  • Interlocutory applications.
  • Briefing experts.
  • Briefing counsel.
  • Appearing at directions hearings.
  • Instructing counsel at trial.
  • Attendances at conferences.
  • Attendances at mediations.
  • Deeds of settlement.

The nature of disputes that we regularly assist clients with include:

  • Bank guarantees.
  • Liquidated damages.
  • Defects.
  • Extension of time claims.
  • Variation claims.
  • Time bars.
  • Waiver and estoppel.
  • Prolongation and disruption claims.
  • Acceleration claims.
  • PPSA.

Construction Joint ventures

Batch Mewing Lawyers advises on joint venture agreements for major projects.

Batch Mewing Lawyers can be engaged by a party to the joint venture or by jointly by the joint venture parties.

Batch Mewing Lawyers has assisted parties to work through complex procurement structures to ensure the suite of construction contracts for project delivery is practical and commercial for the parties involved.

Subcontractors’ Charges Act

Batch Mewing Lawyers regularly advises major subcontractors wishing to maximise their chances of recovery under the Subcontractors’ Charges Act 1974 (Qld).

Batch Mewing Lawyers also regularly advises contractors and principals who receive forms issued under the Subcontractors’ Charges Act.

We assist with:

  • Understanding the legislative framework (including timing and technical issues) as part of formulating overall dispute resolution strategies.
  • Drafting the forms required under the Subcontractors’ Charges Act.
  • Commencing or defending proceedings to enforce charges.
  • Negotiating commercial outcomes.
  • Drafting and negotiating settlement deeds.