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Institute of Construction Claims PractitionersConstruction Lawyers Brisbane-QBCC Registered Adjudicator

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Construction Lawyers Cairns

Baker Merz Construction Lawyers (T/As Construction Lawyers Brisbane) proudly provides legal services customized for Cairns, holding dual accreditation from both the Law Society and the Royal Institution of Chartered Surveyors.

Why engage a Law Firm that needs to be assisted by a "team of experts" when you have access to our Construction Experts that develop 100s of projects before coming into the law.

Our team has extensive experience in project development, ranging from design engineering to estimating and construction management. This hands-on background provides us with the practical insights needed to address real-world challenges. Our lawyers hold certifications such as MRICS, CIARB, MCIBSE, C.Eng, and MAIPM, ensuring that we have a deep understanding of the construction issues faced by clients in Cairns.

We handle cost or delay claims internally, creating tailored strategies for effective resolutions. As QBCC Adjudicators, we manage cases under the Building Industry Fairness (Security of Payment) Act and represent clients in QBCC disputes, which include defects, costs, and licensing issues. Our representation also extends to tribunals, magistrates, district, and supreme courts to protect our clients' interests.

Our legal team's unique project development background in design engineering, estimating and construction management (our lawyers hold current MCIBSE, C.Eng, MRICS, MAIPM and CIARB certifications) gives us the first-hand on-site construction expertise that earns our client's immediate trust.  These credentials guarantee that we will fully understand your situation, develop your cost or delay claim in-house, and select the most appropriate legal approach and strategy to deliver results quickly and efficiently. As QBCC Adjudicators, we are well-versed in the Building Industry Fairness (Security of Payment) Act. and provide representation in QBCC defects, cost and licensing disputes. We also actively represent clients across various courts, including tribunals, magistrates, district, and supreme courts.

We Are Qualified Engineers, Quantity Surveyors and Lawyers

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RICS
CIBSE
Construction Lawyers Brisbane-QBCC Registered Adjudicator

Key Services Offered

Draft, review, and manage tailored construction contracts, including PMCM, TK, PO, EPCM, PMC, GMP, JVs, and EPC.
Clarify your rights and entitlements under existing contracts.
Assess the merits of your claim and substantiate claims for delays or cost compensation.
Certify claim value as quantity surveyors (QS) and evaluate the impact on critical paths and extension of time (EoT) periods.
Manage force majeure events, insurance claims, warranty disputes, liquidated damages, and liabilities.
Assist with international contracting, covering cross-border permits and litigation.

We provide straightforward and pragmatic advice, built upon years of industry experience.

CCPM Delay Analysis

The success of your project could depend on choosing the right construction lawyer.

Key Factors to Consider When Selecting Legal Representation

  • Experience in Construction: Our team comprises experienced quantity surveyors (QSs) and engineers who have worked extensively as on-site commercial managers, along with lawyers who have overseen projects and tackled complex challenges involving clients, consultants, subcontractors, councils, and licensing boards. This unique expertise allows us to interpret complex clauses in construction contracts and help clients navigate Cairns’ dynamic construction environment.

  • Understanding of Local Regulations: We have an in-depth understanding of building approval processes, compliance with Australian standards, building codes, and licensing requirements unique to the Cairns region. This local expertise ensures your projects meet all regulatory standards.

  • Expertise with Construction Contracts: Whether you need support with TA, JV, EPC, MB, RCA, PMC, EPCM, or HIA contracts, our team ensures that your interests are fully safeguarded. We understand the nuances of contracts commonly used in Cairns and adapt our strategies to best serve your needs.

  • Industry Understanding: We have advised CEOs and boards of major construction firms, offering practical and strategic guidance rooted in a deep knowledge of construction operations across North Queensland.

  • Specialisation in Dispute Resolution: Should disputes arise, we specialise in resolving issues through adjudication, tribunals, or court processes, building strong cases for a swift resolution. Our experience in Cairns enables us to understand the local dynamics that may affect dispute outcomes.

We focus on providing responsive service and maintaining cost control, with a commitment to long-term client relationships.

What we do

Contract Reviews and Contract Analysis

Contract Assessment and Audit Services

With our engineering expertise and on-site construction experience, we provide contract recommendations covering rights, liabilities, duties, and scope.

We are proficient in Australian Standard Contracts (AS4000, AS2124), Master Builders Association (MBA) agreements, Security of Payments Act compliance, Australian Building Industry Contracts (ABIC), as well as FIDIC, NEC4, and JCT contracts. We conduct pre-contract audits, suggesting amendments to mitigate risks and align contracts with your interests.

BIFA, QBCC Adjudication  Dispute Management

Effective Dispute Management Solutions

We conduct contract analyses, reviewing drawings, specifications, and site records to determine claim merit. Our claims are written concisely, incorporating critical path method (CPM) delay analyses.

Before proceeding with QBCC adjudication, we assess affidavits and expert reports, ensuring claims are robust. We represent clients in both formal and informal proceedings, guiding them through the process for swift dispute resolution.

Delay, Disruption, Acceleration  Critical Path Delay Analysis

Delay and Disruption Assessment

We analyse baseline schedules and progress updates, identifying delay causes, including concurrent delays. We quantify disruption claims using earned value or measured mile methodologies. Our claim documents present delay data in an auditable format. We also prepare acceleration claims and provide third-party independent reports.

Contract Management and Financial Recovery

Contract Oversight and Strategic Management

We assist clients in developing procurement and contracting strategies, reducing project risks. Our approach helps maintain cash flow and reduces administration costs, ensuring projects stay on track.

Project Development Strategies International Experience

Project Development and Global Expertise

We help developers form joint ventures and secure financing. In Cairns, we have successfully facilitated partnerships that are instrumental in regional project success. We assist in selecting project structures, contract types, and acquiring planning approvals. We prepare teaming agreements, NDAs, EOIs, RFTs, and draft contracts.

Insurance claims

Insurance Claims Handling Services

We provide technical and legal advice on defects, insurance options, and manage major insurance claims. Our services include policy drafting, indemnity advice, subrogation matters, and representing clients with insurers.

What our clients say about us

“I am extremely grateful
for your professional assistance in this matter. Four different law firms and no one has taught us about these procedures before, thank you.”

Jessica Dale,
Superior Kerb & Concreting

“They had a building full of lawyers against the two of us. We would not have prevailed without your technical and construction knowledge.”

Dr Armond Habibi
General Counsel

“I thought I was losing my business... thank you.”

Ben Hunter,
Bear Claw Civil

Why engage us?

Some 50% of our clients settle their disputes even before legal action commences. This is because we prepare fully substantiated cost and delay claims that deal with defects, variations, valuation, disruption, and payment disputes on their projects with a solid contractual/legal argument that leads to commercial negotiations and early settlement.

With 30 years of experience participating in design engineering teams and on-site construction (for leading companies CPB, CIMIC, Lend Lease, AECOM, Fluor, Nova, Parsons, WSP, High Commission for KSA), we guarantee our complete understanding of the issues that arise on construction sites and understand the perspectives of all participants and stakeholders involved in a building dispute - we likely already dealt with a dispute involving similar circumstances to what brought you to this website.

Why Choose us?

  1. Fast results at low cost: Our team possesses a unique combination of legal expertise, engineering, planning, delay analysis and project costing knowledge.  This multidisciplinary knowledge base sets us apart and allows us to offer comprehensive solutions that align with the technical intricacies of construction projects, reducing the time we need to spend on your case, your legal costs and the time it takes to resolve your dispute.
  2. Regulated by RICS: We do not need to engage construction experts; we are the experts. We are the only law firm in Australia regulated by the Royal Institution of Chartered Surveyors (RICS). This prestigious accreditation demonstrates our contracts/planning/ costing knowledge and commitment to upholding the construction industry's highest professional and ethical standards.
  3. Tailored Solutions:  Whether you are a contractor, developer, supplier, or consultant, we have the technical and commercial expertise to navigate the legal challenges you may encounter. We understand that every construction project is unique and pride ourselves on delivering tailored legal solutions that meet your needs.
  4. Proactive Approach:  We strive to identify and defuse potential issues before they escalate. Our attention to detail and thorough understanding of industry regulations ensure you receive comprehensive legal guidance at every stage of your project.
  5. Client-Centred Service: Our clients are at the heart of everything we do. We prioritize open communication, responsiveness, and a collaborative approach to ensure that we fully understand your goals and concerns. Our team is dedicated to providing you with personalized attention and guidance so that you can confidently make informed decisions.
  6. Industry Connections: Over the years, we have built strong relationships with key stakeholders in the construction industry, including contractors, developers, architects, and engineers on every discipline. Our extensive network allows us to connect you with trusted professionals who can support your success.
Our specialised offering consists of:
Contract review and formation services, PD strategy and administration 
Planning, Scheduling, EoT, Prolongation, Disruption and Acceleration Claims
Payment Claims and Schedules - QBCC Adjudication Applications & Responses
Dispute management: Expert determination, arbitration and litigation
COMPLIMENTARY CONSULTATION
Ask Us Any Question, It Costs Nothing To Know Where You Stand
NO COST CONSULTATION
Ask Us Any Question, It Costs Nothing To Know Where You Stand

Contact us today for exceptional legal solutions backed by practical construction knowledge.

About Us

Our aim is to bring clarity to Construction Disputes for Developer Builders, Contractors, and Corporations by using our 30-years plus of experience in the construction industry working as Design Engineers, Estimators, Schedulers, Contract Administrators, and Project Managers.

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Head Office

74B Union St, 
Spring Hill QLD 4000
Australia
07 3054 7105

Email: info@clb.net.au
Fax: 07 3839 5393
Mail: PO Box 200 Spring Hill, 4000

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