Home » Practice Areas » Building and Construction Law
Our Building and Construction Lawyers help homeowners, builders, and developers resolve construction delays, fix defective work, recover payments, and navigate contract risks like sunset clauses and insolvency — so your project can move forward with confidence.
Many clients come to us after months of frustration — their builder has stopped responding, work is stalled, and they’re left staring at an unfinished home. In other cases, the work is complete but riddled with defects: uneven walls, leaking balconies, or cladding that poses fire risks. Even worse, some clients discover that their builder has gone into liquidation, and they’re left unsure where to turn or whether their insurance even applies.
The financial and emotional stress is real. You’re asked to pay more than agreed, fight for your deposit, or accept delays with no end in sight. You’ve tried emailing, calling, even escalating through Fair Trading or the builder’s association — but the process is confusing, slow, and seems stacked against you. You may be facing tight deadlines to make a claim, or clauses buried deep in the contract that expose you to more risk than you realised.
That’s where we step in. As specialist Building and Construction Lawyers, we review your contract, identify your strongest legal options, and act quickly to protect your interests. Whether it’s enforcing completion, negotiating a refund, lodging a tribunal claim, or holding a builder accountable for defects — we help you take back control, reduce financial exposure, and get your project moving forward.
We act quickly to enforce your rights under the building contract and relevant legislation, using legal notices, tribunal proceedings, or negotiated outcomes to get your project moving again.
Our Building and Construction Lawyers coordinate expert inspections, assess your rights under statutory warranties, and pursue claims against builders, developers, or insurers to ensure defective work is fixed or compensated.
We review and advise on building contracts, including problematic clauses like sunset dates and staged payments, so you understand your rights before issues arise — or act to enforce them if they do.
We handle the process for you — from Fair Trading complaints to NCAT/VCAT applications and court proceedings — ensuring you meet deadlines and have a clear strategy from start to finish.
From contract disputes to defect claims, our clients share how we helped them resolve complex construction issues with clarity, confidence, and results.
Muzi Wen 9 August 2024 Trustindex verifies that the original source of the review is Google. Fabian and Mason were fantastic in advising us in a franchise contract case. They have clearly had experience and were able to share with us real examples and scenarios which were very helpful to put context to jargon in a contract. They were proactive and we never needed to chase anything up. All questions were anticipated , and answered. They were able to guide and formulate negotiation points, resulting in a favourable outcome. Thank you Fabian and Mason! Would definitely seek your help in future. Harry Hoang 15 February 2024 Trustindex verifies that the original source of the review is Google. Very efficient & high standard firm! Brett Rolfe 18 December 2023 Trustindex verifies that the original source of the review is Google. Fabian was proactive in his engagement, comprehensive in his analysis, and clear in his communication. He demonstrated excellent professional expertise, as well as a much appriciated focus on bringing that knowledge to beat on our question. Ashok Krishnan 4 October 2023 Trustindex verifies that the original source of the review is Google. I was in a stressful situation dealing with two separate parties, and was at my wits end trying to resolve the matter by myself. However, as the days passed, the situation only got worse. I knew I was in the right, but didn't know how to resolve the matter. I searched far and wide for an attorney who would be able to help me right away. I didn't realise how lucky I got when I found Fabian. He responded right away, understood the matter from a barebone outline I provided, and got on the phone with me. He explained the law and my rights, and suggested several possible courses of action. He was upfront about what each of these options would entail in terms of costs and outcomes. True to his word, there were no surprises. Fabian worked behind the scenes to resolve the matter, sending me templates of text and talking points that I could use, and discussing these over the phone. There was a lot of back and forth with the parties over the course of several days, and Fabian responded right away to each new development even if it was late in the night. It was very easy to work with him. His friendly and understanding personality helped reduce my stress levels and get a better handle over the situation I was in. It was a relief to have him watching my back. I will retain his services in the future without hesitation. Thanks Fabian! Martin Hucke 30 August 2023 Trustindex verifies that the original source of the review is Google. Boettcher Law, under the expert guidance of attorney Fabian Hoffmann, brilliantly guided me through a complex arbitration before the National Futures Association (in Chicago) against a major U.S. broker in connection with a highly complex derivative transaction. During this time, Hoffmann's professional counsel was an indispensable anchor while I was in an uncertain legal environment. His clear and concise explanations of the legal options and potential stumbling blocks demonstrated extensive expertise. With his deep understanding of the subject matter and the law, he helped me navigate the complexities of the matter. Hoffmann's exceptional ability to bring clarity to the intricacies of the legal jungle enabled me to make sound decisions on a solid foundation. Thanks to the excellent advice I received, I was able to not only find an appropriate solution to my difficult situation, but also make the most of this complex constellation. The relief and peace of mind I experienced from the expert assistance I received was invaluable. Boettcher Law's services far exceeded my expectations. Their commitment and excellence in mediation are of the highest quality. Boettcher Law is without a doubt the first choice for anyone seeking a top arbitration firm. Lisa Ryrie 22 August 2023 Trustindex verifies that the original source of the review is Google. I thoroughly recommend Boettcher Law. It is refreshing to find a law firm that is experienced, timely, courteous & efficient. Thank you to all the team for dealing with my legal issue so well. Annie Li 18 August 2023 Trustindex verifies that the original source of the review is Google. I had a recent issue involving a claim made against me, and I engaged Boettcher Law to handle the situation. Their expertise shone through during negotiations, where they skillfully settled the dispute. Within just a few days, they meticulously drafted a deed of settlement, leading to a swift and satisfactory resolution. Boettcher Law undoubtedly deserves the title of the best litigation lawyers in Sydney, given their exceptional handling of my case. Tanja Binder 18 August 2023 Trustindex verifies that the original source of the review is Google. Boettcher Law has consistently helped me navigate property disputes and leasing agreements. The team is knowledgeable and professional, and they handle matters efficiently. Communication is clear, and they’ve managed to resolve my issues effectively. Easily the go-to commercial lawyers in Sydney for me. Satisfied with their service. Oyundalai Byamba 17 August 2023 Trustindex verifies that the original source of the review is Google. We wanted help with buying a property that's not yet built, and Boettcher Law really saved the day. They explained the steps in a simple way so we could get it. Definitely the top property lawyers in Sydney. We highly recommend! 👍 Florian Kisner 17 August 2023 Trustindex verifies that the original source of the review is Google. Kontrakte, Verträge, internationales Recht? Geh zum Boettcher, der ist nicht schlecht.
Our Building and Construction Lawyers combine legal precision with practical experience to resolve construction delays, defects, contract disputes, and insolvency issues — efficiently and effectively.
From contract issues to construction delays and defect claims, these are the questions we hear most often — and how we help resolve them.
Send a formal notice under the contract and Home Building Act, then commence NCAT/VCAT proceedings or negotiate step-in and completion.
Enforce liquidated damages clauses if included and claim general damages through NCAT or court once delay is proven
“Major” includes structural issues under HBA. You have 6 years for major defects and 2 years for non-major defects from completion
Yes—if the builder repeatedly fails to fix defects within the defect liability period, you’re entitled to refuse access and take legal action
It can involve multiple parties—neighbour, builder, Owners Corp. You can pursue NCAT/VCAT action against builder or neighbour depending on faulty waterproofing
Yes, in NSW you must lodge with NSW Fair Trading or Service NSW first before NCAT. In VIC, use DBDRV before VCAT.
Yes—as implied warranties “run with the land.” In VIC, contact builder via DBDRV, then file in VCAT within 10 years of occupancy or 6 years from breach.
Common issue—likely actionable under statutory warranties. Coordinating expert reports and legal claims is critical.
Contracts must include reasonable delay allowances (weather, holidays). Delays beyond those are breach.
Agreements from NCAT/VCAT conciliation can be binding if formalised; always have a lawyer review before signing
Yes—if breach caused demonstrable loss like forced rental. Compare loss against potential legal costs.
Look out for delays, breach of contract, defective work, payment disputes, liens, code violations.
Yes—reasonable cost to fix defects or complete contracted work can be recovered
Start with a formal complaint to Fair Trading. If not resolved, gather evidence/contracts/reports and prepare application to NCAT Consumer & Commercial Division (up to $500k)
Look to home warranty insurance and state funds. Facilitate reassignment of contract to another builder and claim unfinished work.
Yes but risky. Keep track of these deadlines – they’re increasingly used to cancel and resell property.
Registered builders must insure work exceeding mandatory thresholds—e.g. >$16k in VIC, >$5k in NSW.
Builder or their insurer is typically liable under statutory warranties—coordinate expert witness and lodge claims.
Yes. Legal support helps make conciliation effective, ensures binding terms and avoids litigation.
You need a Building and Construction Lawyers to map responsibility (contractor, subbies, builder, developer), coordinate expert reports, and issue proceeding against parties who breach.
Get clear, practical legal advice from experienced Building and Construction Lawyers — and take the first step toward a fair outcome today.