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Commercial Property Lawyers Melbourne

Commercial Property Lawyers Melbourne

Commercial property lawyers for acquisitions, development, leasing, construction and fitouts

 

Whelan Lawyers provides commercial property legal advice to property owners, developers, landlords, tenants, retailers, franchisors, franchisees and businesses across Melbourne and the Eastern Suburbs.

We advise on the legal and commercial issues that arise throughout the property lifecycle, from acquiring or selling commercial property through to leasing, development, construction, fitouts and property-related disputes.

Our commercial property work brings together commercial law, leasing, franchising and construction expertise, allowing businesses to address connected legal issues through one law firm rather than managing separate legal advisers for each part of a project.

Senior-led service. Practical commercial advice. No unnecessary handovers.

 

Contact our commercial property team to get started

Call us for a complimentary initial consultation to discuss your legal matter, or simply email us and we’ll promptly call you back.

Commercial Property Legal Services

 

Commercial property transactions often involve more than the property itself. The underlying lease, development arrangements, construction contracts, fitout, franchise arrangements and commercial agreements can all affect the legal and financial position of the parties.

Whelan Lawyers advises on the broader legal framework surrounding commercial property, including:

Commercial Property Acquisitions and Sales

 

We assist buyers and sellers with the legal aspects of commercial property transactions, including contract review, due diligence, negotiations, conditions, settlement issues and associated commercial agreements.

Our advice is focused on identifying legal and commercial risks before they become expensive problems.

Commercial Property Development

 

We advise property developers and businesses undertaking commercial property projects on the contractual and legal issues that arise during development.

This can include:

  • Development agreements

  • Building and construction contracts

  • Consultant agreements

  • Procurement arrangements

  • Project documentation

  • Risk allocation

  • Variations and extensions of time

  • Defects and delays

  • Payment disputes

  • Construction disputes

 

Where a project involves both property and construction issues, our commercial and construction capabilities allow these matters to be considered together.

Commercial Leases

 

Commercial leases are a significant part of commercial property ownership and occupation.

We advise landlords and tenants on commercial leasing matters including lease negotiations, reviews, renewals, assignments, incentives, outgoings, make-good obligations, breaches and lease disputes.

For dedicated leasing advice, see our Commercial Lease Lawyers Melbourne service.

Retail Leases

 

Retail property involves additional regulatory and commercial considerations.

We advise retailers, landlords, franchisees and other businesses on retail leasing matters, including lease negotiations, reviews, disclosure obligations, rent and outgoings, options, assignments, renewals and disputes.

Commercial Property Fitouts

 

A commercial fitout can involve landlords, tenants, builders, architects, designers, contractors and consultants.

We assist businesses with the legal arrangements associated with commercial fitouts, including:

  • Fitout agreements

  • Building contracts

  • Design and consultant agreements

  • Scope of works

  • Variations

  • Delays

  • Defects

  • Practical completion

  • Payment disputes

  • Responsibility for rectification and make-good

 

Our construction experience is particularly relevant where a fitout develops into a contractual or building dispute.

Franchising and Commercial Property

 

For franchised businesses, the property and franchise arrangements are often closely connected.

 

A new franchise location may involve a franchise agreement, lease, landlord negotiations, fitout, construction contracts and ongoing property obligations.

Whelan Lawyers' franchising and commercial property experience allows us to consider these arrangements together.

We assist franchisors and franchisees with issues including:

  • Franchise agreements

  • Premises and lease arrangements

  • Site acquisitions

  • Retail leases

  • Fitouts

  • Franchisee obligations

  • Assignment and transfer of premises

  • Exit and termination issues

  • Franchise and property disputes

Understanding the Importance of Legal Guidance in Commercial Leases

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Image by Xianjuan HU

Commercial Property Advice for Landlords, Tenants and Businesses

 

We act for a range of parties involved in commercial property, including:

Property Owners and Landlords

 

Advice on leasing, property contracts, development, tenant obligations, disputes, construction and property-related commercial arrangements.

Property Developers

 

Legal advice across development, procurement, construction contracts, consultant arrangements, project risk and disputes.

Commercial Tenants

 

Advice when acquiring premises, negotiating leases, undertaking fitouts, dealing with landlords and managing contractual obligations.

Retailers

 

Commercial and retail leasing advice, together with support for fitouts, franchise arrangements, supplier contracts and other commercial requirements.

Franchisors and Franchisees

 

Advice where franchise arrangements intersect with premises, leasing, fitouts, construction and property obligations.

Businesses Expanding Into New Premises

 

We help businesses assess the legal arrangements involved in acquiring, leasing and fitting out new commercial premises.

Commercial Property and Construction

 

Commercial property projects frequently involve significant construction risk.

A development, refurbishment or fitout may involve architects, engineers, builders, subcontractors and other consultants, with contractual obligations extending across the entire project.

Whelan Lawyers provides construction law advice concerning:

  • Building contracts

  • Construction contracts

  • Consultant agreements

  • Design obligations

  • Variations

  • Delays

  • Defects

  • Payment claims

  • Security of Payment

  • Contract termination

  • Construction disputes

 

This combination of commercial property and construction expertise can be particularly valuable where a property transaction is affected by construction obligations or an existing building dispute.

Commercial Property Disputes

 

Property disputes can arise at almost any stage of a transaction or project.

We advise and represent clients in disputes involving:

  • Commercial leases

  • Retail leases

  • Lease breaches

  • Rent and outgoings

  • Make-good obligations

  • Property contracts

  • Building and fitout contracts

  • Construction defects

  • Delays

  • Variations

  • Payment disputes

  • Contractor disputes

  • Landlord and tenant disputes

  • Property-related commercial disputes

 

Our approach is to identify the commercial objective first and then determine the most effective legal strategy for achieving it.

 

Contact our commercial property team to get started

Call us for a complimentary initial consultation to discuss your legal matter, or simply email us and we’ll promptly call you back.

Why Choose Whelan Lawyers for Commercial Property?

 

Commercial, Property, Leasing and Construction Experience

 

Commercial property matters rarely exist in isolation.

A single project may involve a property transaction, commercial lease, construction contract, franchise agreement and multiple supplier or consultant arrangements.

 

Whelan Lawyers can advise across these connected areas of law.

Senior-Led Advice

 

Your matter is handled by an experienced lawyer from the outset.

We focus on providing commercially practical advice without unnecessary handovers or layers of junior involvement.

Commercially Focused

 

Legal advice should support the commercial objective rather than simply identify legal issues.

We consider the transaction, project, business relationship and potential risks when developing legal strategies.

One Firm Across Connected Legal Issues

 

Property, leasing, franchising, commercial contracts and construction can overlap significantly.

Our multidisciplinary approach means businesses can address these connected legal issues through one legal team.

Commercial Property Lawyers in Melbourne and the Eastern Suburbs

 

Whelan Lawyers assists businesses, property owners, developers, landlords and tenants throughout Melbourne and Melbourne's Eastern Suburbs.

We work with clients across areas including:

Kew · Hawthorn · Camberwell · Richmond · South Yarra · Box Hill · Balwyn · Glen Waverley · Mount Waverley · Ringwood · Doncaster · Burwood · Surrey Hills · Canterbury · Blackburn and surrounding Melbourne suburbs.

Our location is not a limitation. We advise clients throughout Melbourne and Victoria on commercial property transactions, projects and disputes.

Commercial Property Lawyers Who Understand the Bigger Picture

 

Commercial property decisions can have consequences well beyond the property itself.

A poorly negotiated lease can affect a franchise.
A poorly drafted building contract can affect a development.
A fitout dispute can delay a business opening.
A property transaction can create ongoing contractual obligations.

 

Our role is to identify these connections early and provide legal advice that supports the broader commercial objective.

Whether you are acquiring commercial property, developing a site, negotiating a lease, establishing a new retail location, undertaking a fitout or dealing with a property-related dispute, Whelan Lawyers can assist with the legal issues surrounding the project.

Frequently Asked Questions

 

What does a commercial property lawyer do?

A commercial property lawyer advises businesses, landlords, tenants, developers and property owners on the legal issues associated with commercial property transactions and projects. This can include acquisitions, sales, leases, development, construction, fitouts, contracts and disputes.

Do you advise on commercial leases?

Yes. Whelan Lawyers advises landlords and tenants on commercial leasing matters, including lease reviews, negotiations, renewals, assignments, incentives, outgoings, make-good obligations and disputes.

For matters specifically focused on commercial leasing, see our Commercial Lease Lawyers Melbourne service.

Do you advise on retail leases?

Yes. We advise retailers, landlords, franchisees and other businesses on retail leasing matters throughout Victoria.

Can you help with a commercial property fitout?

Yes. We advise on the legal and contractual issues associated with commercial fitouts, including building contracts, consultant arrangements, scope of works, variations, delays, defects and disputes.

Do you act for commercial property developers?

Yes. We advise developers on commercial and construction-related legal issues arising during property development, including development arrangements, procurement, building contracts, consultants, project risk and disputes.

Can you advise on property matters involving a franchise?

Yes. This is an important area of our practice. We advise franchisors and franchisees where franchise arrangements intersect with commercial premises, leases, fitouts, construction and other property-related obligations.

Do you act for both landlords and tenants?

Yes. Whelan Lawyers advises both landlords and tenants on commercial and retail property matters, subject to appropriate professional conflict checks.

Where do you provide commercial property legal advice?

Whelan Lawyers is based in Melbourne and assists clients throughout Melbourne, including the Eastern Suburbs, as well as clients elsewhere in Victoria.

Speak With a Commercial Property Lawyer

 

Whether you are acquiring a property, negotiating a lease, developing a site, fitting out premises or dealing with a property-related dispute, early legal advice can help identify risks before they become costly.

Speak with Whelan Lawyers about your commercial property matter.

Complimentary 30-minute consultation to discuss your business, commercial objectives and legal strategy.

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