Construction Contract Drafting & Review

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Strategic Contract Development That Serves Your Construction Business​

 

The difference between a standard construction contract and one that actively protects your interests lies in understanding both the legal landscape and the commercial realities of modern construction projects. Our construction lawyers approach each contract with a thorough appreciation of how construction projects actually unfold, where tensions typically arise, and how to structure agreements that prevent disputes rather than simply manage them after they occur.

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For project owners, this means contracts that establish clear performance standards, appropriate milestone structures, and comprehensive protections against delays, variations, and quality issues. For contractors and subcontractors, our focus centres on ensuring fair risk allocation, achievable performance criteria, and appropriate mechanisms for managing scope changes and unforeseen circumstances.

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​Building Contract Types and Arrangements

 

Our construction lawyers draft and review contracts across the full spectrum of construction delivery methods and pricing structures:

 

Commercial building contracts tailored to sector-specific requirements and regulatory obligations, with particular attention to consumer protection provisions for residential work and sophisticated risk allocation for commercial projects;

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• Bespoke

• Design and Construct (D&C) arrangements

• Engineering, Procurement and Construction (EPC) contracts

• FIDIC

• ABIC

• Australian Standards

• Other standard forms (e.g. APCC and NCW)

• Hybrid models that combine elements to suit specific project requirements.

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Multiple pricing methodologies including cost-plus arrangements for flexible scope projects, fixed-price agreements for budget certainty, and lump sum contracts for well-defined work, each structured with appropriate risk allocation and performance incentives.

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Subcontractor and consultant agreements that ensure seamless coordination between multiple parties whilst maintaining clear accountability and appropriate risk distribution throughout the project team.

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All residential building contracts include full compliance with the Domestic Building Contracts Act 1995 (Vic) requirements, ensuring statutory obligations are met whilst supporting efficient project delivery.

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Proactive Dispute Prevention

 

The most effective construction contracts prevent disputes from arising rather than simply providing mechanisms for resolving them. Our drafting approach emphasises clear communication protocols, realistic performance standards, and fair procedures for managing the changes that inevitably occur during construction projects.

 

We structure contracts that encourage collaborative problem-solving whilst maintaining appropriate accountability measures, including carefully crafted variation procedures and early warning mechanisms that identify potential issues before they become major problems.

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Ready to Protect Your Construction Investment?

 

Construction projects represent significant financial commitments that deserve contracts designed to protect your interests and facilitate successful delivery. Our construction lawyers provide the legal foundation necessary for confident project progression.

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Contact us to discuss how our construction contract expertise can serve your project objectives and provide the commercial protections your construction activities require.

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​Frequently Asked Questions

 

Question: What makes construction contracts different from other commercial agreements?

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Answer: Construction contracts must address unique industry challenges including weather dependencies, material availability, subcontractor coordination, and sequential construction activities. They require specialised risk allocation approaches that account for the physical realities of construction work.

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Question: How do Victorian construction laws affect contract terms?

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Answer: Victoria's construction legislation, including security of payment requirements and the Domestic Building Contracts Act, establishes mandatory contract elements and dispute resolution procedures. We ensure contracts comply with these requirements whilst optimising commercial arrangements.

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Question: Should we use standard industry contract forms or create bespoke agreements?

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Answer: Standard forms provide useful frameworks but often require significant modification to address specific project requirements. The decision depends on project complexity, party relationships, and unique circumstances.

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Question: What contract issues most commonly cause construction disputes?

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Answer: Common dispute sources include unclear scope definitions, inadequate variation procedures, unrealistic timeframes, inappropriate risk allocation, and poor payment structures. Our drafting approach specifically addresses these areas.

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Question: How do we handle variations and scope changes in construction contracts?

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Answer: Effective variation clauses establish clear procedures for identifying, evaluating, and approving scope changes, including pricing mechanisms, time adjustment procedures, and documentation requirements that maintain project momentum.

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