Building and Construction

 

Whether you are a builder seeking assistance with payments during a construction project or a home owner wanting initial advice before entering into a contract or having difficulties with your builder during a project, the staff at Crouch & Lyndon are able to assist you with all aspects of construction law, both residential and commercial.

We also assist with all aspects of certification, which is a specialised and complicated area of construction law.

See also: QBCC Matters


 

Commercial Dispute Resolution and Litigation

At Crouch and Lyndon, we appreciate cashflow is important to the successful running of a business and we provide timely, economic advice and options for individuals, businesses and companies seeking to recover outstanding debts. From a simple letter of demand to commencing proceedings in Court, our litigation staff are able to tailor a recovery plan that suits your individual needs and budget.

Whether your dispute is over cash, leasing matters (including recovery of rental arrears or disputes about terms and conditions) suspension of works under a contract or a claim for damages, Crouch & Lyndon are with you every step of the way. We are big advocates for mediation and early resolution methods and ensure that these options are built into your short and long term plans.

See also: Debt Recoveryand Mediation


 Mediation

Mediation plays an integral part in the resolution of any matter, whether it be as an early intervention measure or during litigation. It enables parties to have participation in and control of outcomes, as opposed to having an external decision forced upon them by a Court or Tribunal at the end of litigation.

The benefits of mediation are:

  • Reducing costs
  • Early Resolution of matters
  • Participation in the process
  • Reduced risk of adverse outcomes
  • Avoids extended expensive Court action.

The lawyers in the litigation team at Crouch & Lyndon are experienced mediators who are solution focused and appreciate the benefit mediation can have on our clients level of satisfaction with outcomes.


Debt Recovery

Having a close working relationship with Mercantile Agents, Crouch & Lyndon is involved in all aspects of debt recovery including issuing and defending creditors' statutory demands, winding up proceedings and bankruptcy applications.

We frequently assist builders, subcontractors and service suppliers in recovering outstanding payments for work done or services rendered.

See also: Commercial Dispute Resolution and Litigation


QBBC Matters

We are experienced in acting for both Builders and Home Owners in reviewing adverse decisions of the Queensland Building and Construction Commission in the Queensland Civil and Administrative Tribunal.For Builders, we offer expertise in:

  • Licensing reviews, including reviews of decisions about being categorised as an “excluded individual” or unsuccessfully becoming a “permitted individual”;
  • Reviews of decisions to issue directions to rectify, scopes of work or termination of contract decisions; and
  • Defence of prosecutions for various “offences” under relevant legislation.

For Home Owners, we can assist with reviews of QBCC decisions in relation to:

  • Not issuing directions to a builder for the rectification of defective work;
  • The validity of a contract termination for the purposes of payment under the Home Warranty Scheme;
  • Insurance payments approved under the Home Warranty Scheme, or the refusal to make such a payment.

For Certifiers, we have expertise in:

  • Reviews of a decision that a certifier has engaged in unsatisfactory conduct or professional misconduct; and
  • Defence of disciplinary proceedings for professional misconduct