Sydney Construction Lawyer - NSW
Merlo Law advises builders, subcontractors, developers, landowners, architects and consultants on building and construction law across New South Wales. Construction is a specialised area with its own statutes, tribunals and regulators, and the NSW framework differs meaningfully from Queensland’s. Our advice combines legal expertise with real industry background: principal John Merlo worked in construction before moving into law in 1998 and completing a Master of Laws with a special focus on construction law in 2010.
1
Construction disputes in NSW
Construction disputes in New South Wales are resolved through negotiation, mediation, expert determination, arbitration, statutory adjudication, tribunal proceedings and litigation. We act on building disputes, defective work, delay and disruption, contested variations, and payment disputes. Payment claims are governed by the Building and Construction Industry Security of Payment Act 1999 (NSW), which provides a rapid adjudication process. Many residential building disputes are heard in the home-building list of the NSW Civil and Administrative Tribunal (NCAT), while significant disputes proceed through the courts. Building work in NSW is also affected by the Design and Building Practitioners Act 2020 (NSW), which introduced registration, duty-of-care and compliance obligations, particularly on class 2 (apartment) buildings.
2
Construction contracts and contract administration
Working with a Sydney construction lawyer: We prepare, review, negotiate and administer construction contracts for NSW projects, including standard-form contracts such as AS 4000, design-and-construct contracts and bespoke agreements. Our work covers scope and pricing, payment provisions, variations, extension-of-time and delay mechanisms, defects liability, security, novation, and parent-company guarantees. Careful drafting and disciplined contract administration are the most effective ways to reduce the risk and cost of a later dispute. There is no way to responsibly administer a contract without a lawyer’s input. The consequences of not having a lawyer’s input are often fatal as the mistake often occurs at the earliest stage.
3
Defective work and defects claims
We advise owners and contractors on defective building work, rectification, and the statutory warranties and duty-of-care obligations that apply to building work in NSW, including under the Home Building Act 1989 (NSW) and the Design and Building Practitioners Act 2020 (NSW), and on preserving evidence and meeting the applicable time limits.
4
Construction litigation
Where a dispute cannot be resolved commercially, we act in the NCAT home-building list and in the Supreme Court of New South Wales and District Court of New South Wales, according to the value and nature of the dispute. We litigate with a clear focus on the commercial result and proportionality of cost, and pursue settlement in parallel wherever it serves your interests.
If you need advice on a New South Wales building or construction matter, Merlo Law can assist with practical legal guidance tailored to your project, contract and commercial priorities. Whether you are facing a building dispute, contract issue, defective work claim, delay, variation, payment dispute or regulatory concern, our NSW building and construction lawyers can help you understand your rights and take the next step with confidence.
Frequently asked questions
Address
Level 5, 115 Pitt Street
Sydney NSW 2000
Contact
Opening Hours
Mon - Fri
9:00 AM – 5:00 PM
Saturday
By Appointment Only
Sunday
By Appointment Only