Knowing when to hire a construction lawyer can make or break your project. From contract reviews at inception to payment recovery during construction phase, legal advice at the right time is crucial to protect your interests, inform decision making and improve your cash flow position.
This article explores the role of a construction lawyer through the lens of a healthy human body - helping you better understand the role of your Construction Lawyer throughout the project lifecycle.
Like a healthy human body, a construction project relies on the proper functioning and integration of all its parts.
In this article, we’ll explore each of these areas and explain when and why to engage a construction lawyer.
The human brain is the control centre of the entire human body.
Contractual frameworks and finance/project budget are the control centre of a construction project, usually developed and established during the planning phase. Like the human brain, the control centre on a construction project needs to be wired correctly to ensure the integrity of the complex functions downstream.
In this context, Construction Lawyers are typically engaged to establish or advise on these frameworks, including relevant laws impacting these frameworks in each state or territory. If not wired correctly, then the complex functions downstream will fail. This applies to all levels of the contractual chain both individually and collectively.
Before signing any contracts or entering agreements, to review the terms and ensure your interests are protected.
Construction lawyers help:
Example:
You’re presented with a contract or subcontract full of unfamiliar terms.
A lawyer ensures you understand and perhaps make amendments to reduce risk before signing.
The nervous system relays instructions and feedback throughout the body.
Your Construction Lawyer and consultants (architects/engineers, designers, quantity surveyors, claims consultants, etc) essentially carry out the functions of the nervous system by integrating and co-ordinating the brain with the downstream functioning project elements, including;
By understanding the contractual frameworks upstream and co-ordinating functions downstream, Construction Lawyers ensure proper integration of project elements driving to secure cash flow to allocate project resources where they are needed.
Professional consultants often act in tandem, like the peripheral nervous system in the body, relaying directives between the central nervous system to downstream elements at the periphery. In the construction context for example, you engage your Construction Lawyer to review and understand the contractual framework (brain) and advise on the proper integration and co-ordination of downstream elements during execution or construction phase.
Construction Lawyers work like the central nervous system:
During construction phase, your Construction Lawyer can advise on proper management of operations and workflows consistent with your contractual obligations and assist with maximising payment recovery under the contractual frameworks, or otherwise defending such claims..
The heart and lungs are the engine room of your body - just as project managers and administrators drive operations to keep cashflow circulating on a project.
Directed by the brain, the heart and lungs ensure the regular supply of oxygenated blood to all elements of the body to ensure their proper function.
Likewise in the construction context, project management and contract administration are the engine room of a healthy construction project that ensure the regular supply of cash flow to the essential project elements downstream and the proper allocation of labour, plant, materials and equipment.
When performance drops in this area, a lawyer can assist to restore project cash flow.
Construction lawyers can:
Example:
A contractor raises a delay claim and related delay costs. Your lawyer steps in to ensure proper delay claim notification, preparation of claim documentation consistent with entitlement and drives the engagement of a delay expert and/or cost consultant, to properly assess and document the claim.
Just as muscles, bones, and tendons power the physical movement of the body, the effective use of labour, plant, materials, and equipment drives construction progress.
Importantly, without the proper integration and co-ordination from upstream elements on the project (i.e. contractual framework/project management, contract administration, etc) even the most effective allocation of resources of labour, plant, materials and equipment will not execute work efficiently. Construction Lawyers are regularly engaged to provide advice in respect of integration and co-ordination of project elements upstream and downstream.
Construction Lawyers assist with ensuring the proper allocation of resources to maximise your contractual entitlement to payment.
Construction lawyers will:
Just like blood flow is essential to life, cashflow is vital to project function. Disruptions and project delays are often caused by a lack of integration of upstream elements.
Lack of cashflow is regularly the cause of significant delays and disruption on construction projects and Construction Lawyers are engaged to review the upstream elements and processes on construction projects and provide advice as to the steps to execute to restore cashflow.
Delays on larger projects are typically not due to a single event, but rather systemic of a lack of co-ordination of upstream project elements, including the contractual framework, project management and contract administration, etc which ultimately has a dramatic effect on project cashflow.
Construction lawyers can:
If a project is suffering ongoing delay or disruption, your Construction Lawyer can assist to stop the bleeding.
You are designing a D&C project on the run, which design is being developed as construction progresses, causing delay and disruption. Your lawyer can assist to untangle the entitlement to payment, assist with claims and advise on payment recovery.
Like the complexity of the human body, the proper function of each upstream and downstream element on a construction project is inextricably linked, such that the proper function of the project is unable to be separated from the proper function of each element.
Our bodies regularly function with a lack of co-ordination and integration at some level, which affects our efficiency and output. Construction projects are no different.
Put simply, engagement of a Construction Lawyer to review your construction project (for any reason) is bound to add value to project efficiency and output.
Ensure the health of your construction project. Troy Legal supports principles, owners, consultants, contractors, subcontractors, and suppliers in SEQ with contract reviews, disputes, and payment recovery.
For tailored advice and guidance, reach out to Troy Legal today. Call (07) 3854 2315 or contact us online.
Knowing when to hire a construction lawyer can make or break your project. From contract reviews at inception to payment recovery during construction phase, legal advice at the right time is crucial to protect your interests, inform decision making and improve your cash flow position.
This article explores the role of a construction lawyer through the lens of a healthy human body - helping you better understand the role of your Construction Lawyer throughout the project lifecycle.
Like a healthy human body, a construction project relies on the proper functioning and integration of all its parts.
In this article, we’ll explore each of these areas and explain when and why to engage a construction lawyer.
The human brain is the control centre of the entire human body.
Contractual frameworks and finance/project budget are the control centre of a construction project, usually developed and established during the planning phase. Like the human brain, the control centre on a construction project needs to be wired correctly to ensure the integrity of the complex functions downstream.
In this context, Construction Lawyers are typically engaged to establish or advise on these frameworks, including relevant laws impacting these frameworks in each state or territory. If not wired correctly, then the complex functions downstream will fail. This applies to all levels of the contractual chain both individually and collectively.
Before signing any contracts or entering agreements, to review the terms and ensure your interests are protected.
Construction lawyers help:
Example:
You’re presented with a contract or subcontract full of unfamiliar terms.
A lawyer ensures you understand and perhaps make amendments to reduce risk before signing.
The nervous system relays instructions and feedback throughout the body.
Your Construction Lawyer and consultants (architects/engineers, designers, quantity surveyors, claims consultants, etc) essentially carry out the functions of the nervous system by integrating and co-ordinating the brain with the downstream functioning project elements, including;
By understanding the contractual frameworks upstream and co-ordinating functions downstream, Construction Lawyers ensure proper integration of project elements driving to secure cash flow to allocate project resources where they are needed.
Professional consultants often act in tandem, like the peripheral nervous system in the body, relaying directives between the central nervous system to downstream elements at the periphery. In the construction context for example, you engage your Construction Lawyer to review and understand the contractual framework (brain) and advise on the proper integration and co-ordination of downstream elements during execution or construction phase.
Construction Lawyers work like the central nervous system:
During construction phase, your Construction Lawyer can advise on proper management of operations and workflows consistent with your contractual obligations and assist with maximising payment recovery under the contractual frameworks, or otherwise defending such claims..
The heart and lungs are the engine room of your body - just as project managers and administrators drive operations to keep cashflow circulating on a project.
Directed by the brain, the heart and lungs ensure the regular supply of oxygenated blood to all elements of the body to ensure their proper function.
Likewise in the construction context, project management and contract administration are the engine room of a healthy construction project that ensure the regular supply of cash flow to the essential project elements downstream and the proper allocation of labour, plant, materials and equipment.
When performance drops in this area, a lawyer can assist to restore project cash flow.
Construction lawyers can:
Example:
A contractor raises a delay claim and related delay costs. Your lawyer steps in to ensure proper delay claim notification, preparation of claim documentation consistent with entitlement and drives the engagement of a delay expert and/or cost consultant, to properly assess and document the claim.
Just as muscles, bones, and tendons power the physical movement of the body, the effective use of labour, plant, materials, and equipment drives construction progress.
Importantly, without the proper integration and co-ordination from upstream elements on the project (i.e. contractual framework/project management, contract administration, etc) even the most effective allocation of resources of labour, plant, materials and equipment will not execute work efficiently. Construction Lawyers are regularly engaged to provide advice in respect of integration and co-ordination of project elements upstream and downstream.
Construction Lawyers assist with ensuring the proper allocation of resources to maximise your contractual entitlement to payment.
Construction lawyers will:
Just like blood flow is essential to life, cashflow is vital to project function. Disruptions and project delays are often caused by a lack of integration of upstream elements.
Lack of cashflow is regularly the cause of significant delays and disruption on construction projects and Construction Lawyers are engaged to review the upstream elements and processes on construction projects and provide advice as to the steps to execute to restore cashflow.
Delays on larger projects are typically not due to a single event, but rather systemic of a lack of co-ordination of upstream project elements, including the contractual framework, project management and contract administration, etc which ultimately has a dramatic effect on project cashflow.
Construction lawyers can:
If a project is suffering ongoing delay or disruption, your Construction Lawyer can assist to stop the bleeding.
You are designing a D&C project on the run, which design is being developed as construction progresses, causing delay and disruption. Your lawyer can assist to untangle the entitlement to payment, assist with claims and advise on payment recovery.
Like the complexity of the human body, the proper function of each upstream and downstream element on a construction project is inextricably linked, such that the proper function of the project is unable to be separated from the proper function of each element.
Our bodies regularly function with a lack of co-ordination and integration at some level, which affects our efficiency and output. Construction projects are no different.
Put simply, engagement of a Construction Lawyer to review your construction project (for any reason) is bound to add value to project efficiency and output.
Ensure the health of your construction project. Troy Legal supports principles, owners, consultants, contractors, subcontractors, and suppliers in SEQ with contract reviews, disputes, and payment recovery.
For tailored advice and guidance, reach out to Troy Legal today. Call (07) 3854 2315 or contact us online.
