Melissa Henderson has over 26 years of experience in private practice as a building lawyer in Melbourne. In addition to that she has over 5 year’s experience as the Chief Executive Officer of Supa Group Constructions, a large, multi-award winning home extension company situated in Melbourne together with domestic building-manager registration from 2006 to 2015 and a red card. As a Melbourne building and construction lawyer, Melissa is in a unique position to provide Builders with advice based on her legal experience as a building lawyer over many years as well as her understanding of the commercial and practical considerations of the operations and every day concerns of the building and construction industry in Melbourne.
Hendersons Legal, Melbourne building lawyers, can help Builders with simple everyday enquiries to more complicated building and construction disputes including:
Building Contract and Pre-Commencement Issues
Advice about the Housing Industry Association (HIA) and Master Builders’ Assocation (MBA) standard domestic building contracts and other documentation; identification of relevant contracting parties; advice on guarantees; special contract conditions to fit the specific needs of your business or negotiations with your clients; title and property questions relating to the proposed building site including covenants, strata titles, owners corporations; town planning considerations; alterations to progress payment schedule and liquidated damages clauses; and other standard terms and conditions sought by clients.
Arrangements and building disputes with Contractors
Contract and insurance issues with Contractors including soil testers, engineers, energy raters and trades; payment terms; rectification of poor workmanship; building disputes with contractors in relation to payments or building defects; Occupational Health & Safety (OHS) obligations of Builders and Contractors; claims against Contractors for defective or defective building works; assisting Contractors with payments claims against Builders and home owners; and debt disputes.
Arrangements and issues with Building Surveyors
Review of terms and conditions of engagement with private building surveyors; assistance in handling difficult enquiries made by building surveyors; advice in relation to disputes with and claims against building surveyors.
Building Site Issues
Quality control and disputes with clients during the progress of the building works; Occupational Health and Safety (OHS) requirements; problems with inspections; dealings with building surveyors; expert reports and responses; and disputes with sub-contractors.
Completion and Final Payment
Collection of outstanding payments pursuant to the Building Contract; resolution of building disputes concerning building defects or other matters; complications with final inspections and occupancy permits; correction of building defects; advice in relation liquidated damages claims pursuant to the building contract.
Client Disputes with Builder
Identification and clarification of the issues raised in the building dispute; liaising with building staff and experts about client issues; measures to resolve building disputes in a fair, effective and practical manner without litigation where possible; where necessary, issuing or defending Victorian Civil and Administrative Appeal Tribunal or other Victorian court including the Victorian Magistrates’ Court, the Victorian County Court or the Victorian Supreme Court; attending mediations; negotiating settlements; and preparing documents to settle the building dispute and releases.
Warranty claims made by clients or the Victorian Managed Isurance Authority (VMIA)
Advice about the Builder’s obligation to rectify building defects; liaising with experts where required; if the company has ceased operating, advising director’s as to their personal liability for defects; general insurance advice.
General Business Issues facing Victorian Builders
Staff employment contracts; sales commission agreements; general insurance; warranty insurance claims; human resources issues and workplace matters; general business disputes and problems including with debtors and creditors; advertising issues; internet concerns and the removal of poor online reviews.
If you would like to speak with an experienced building contract lawyer in Melbourne, about any of the issues above, call Hendersons Legal on (03) 9629 2211.