Who We Help
Contractors and Subcontractors
Contractors and subcontractors carry real payment risk on every project, and the security of payment regime exists precisely because of it. Being lower down the contracting chain means less control over timing, less visibility over a project's financial position, and a real risk of being squeezed on payment when a dispute arises elsewhere on the job.
Archer Lawyers advises contractors and subcontractors across NSW on payment claims, contract disputes and defect allegations, with a focus on fast, practical advice that protects cash flow without derailing ongoing work.
We commonly advise contractors and subcontractors on:
- Payment claims and adjudication: preparing, serving and enforcing payment claims, responding to payment schedules, and running adjudication applications under the Building and Construction Industry Security of Payment Act
- Contract disputes with head contractors or principals: advising on disputes over scope, variations, delay and payment arising under head contracts and subcontracts
- Defending defect and workmanship allegations: advising on and defending claims alleging defective or incomplete work, including responding to back-charges and set-offs
- Termination and repudiation disputes: advising on the right to terminate or suspend work, and disputes arising from wrongful termination or repudiation
- Retention and security disputes: advising on the release of retention monies and disputes over bank guarantees or other security held by a principal or head contractor
- Variation and extension of time claims: advising on preparing and pursuing variation claims and extensions of time where a project has been delayed or scope has changed
- Contract review before signing: reviewing subcontracts and head contracts to identify onerous payment terms, unfair risk allocation or unclear scope
- Debt recovery: pursuing recovery of unpaid amounts owed by a head contractor or principal where informal efforts haven't worked
Outcomes we help contractors and subcontractors work toward include:
- Payment recovered within the tight statutory timeframes the legislation allows
- Defect allegations properly assessed and, where appropriate, defended
- Contract disputes resolved without jeopardising ongoing work
- Retention monies or security released where a client is entitled to them
- Termination or repudiation disputes resolved in a way that protects the client's commercial position
- Contracts reviewed and negotiated before signing, reducing the risk of disputes arising later
- Practical, fast-turnaround advice suited to the tight timeframes the industry typically works to
