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 provide straightforward and pragmatic advice, built upon years of industry experience.
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.
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.
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.
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.
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.
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.
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.
“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.”
“They had a building full of lawyers against the two of us. We would not have prevailed without your technical and construction knowledge.”
“I thought I was losing my business... thank you.”
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?
Contact us today for exceptional legal solutions backed by practical construction knowledge.