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At Mersal & Associates we practice extensively in the area of building and construction law. We understand current building techniques, the relevant standards and engineering principles which often make up the bulk of the evidence in each case. We also understand common practice in the industry.

The issues most often complained about by builders is not being paid or not being paid on time. For owners and developers, the most complained about issues are delays, incomplete or defective work on the part of the builder. As such, building & construction matters typically follow this course of events.

  1. The builder asserts the work is at practical completion and seeks to be paid.
  2. The owner asserts the work is not at practical completion and is defective.
  3. The owner refuses to pay any money and the builder refuses to perform any further work.
  4. If the builder is owed a greater sum of money that the work remaining he commences proceedings against the owner. If the owner has paid a sum of money such that not enough is retained to cover the remaining and defective work, he commences proceedings.
  5. Either way, once proceedings are commenced by one party the other usually files a cross claim.

Weather you are the owner, developer, builder, contractor, plaintiff or defendant we can help you. We have available a wide variety of experts ranging from geotechnical and structural engineers to architects, builders, surveyors and draftsmen, to assist you in your claim.

We are experienced in all areas of building and construction law and can advise you in Building & Construction Industry Security of Payment Act 1999 (BCISPA) matters, Home Building Act 1989 matters and Contractors Debts Act 1997.


There have been recent amendments to the Home Building Act 1989. To review the main changes go to Home Building Update

To contact Mersal & Associates [click here]

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