Baker Merz Construction Lawyers is a specialised practice with dual accreditation by 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’s strong background in project development, which spans design engineering, estimating, and construction management, equips us with practical, on-site expertise. Our lawyers hold MCIBSE, MRICS, C.Eng, MAIPM, and CIARB certifications, ensuring we fully understand your challenges.
We manage cost or delay claims in-house and develop tailored strategies for efficient resolutions. As QBCC Adjudicators, we handle cases under the Building Industry Fairness (Security of Payment) Act and represent clients in QBCC disputes, including defects, costs, and licensing issues. We also appear across tribunals, magistrates, district, and supreme courts to represent your 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 offer clear, concise advice based on years of experience in the construction industry.
Our focus on service, responsiveness, and cost control means you can expect expert guidance with a commitment to building long-term relationships.
With our extensive engineering expertise and on-site construction experience, we specialise in interpreting, analysing, and providing contract recommendations across areas such as rights, liabilities, duties, and scope.
We are well-versed in Australian Standard Contracts (AS4000 and AS2124 Series), Master Builders Association (MBA) agreements, Australian Building Industry Contracts (ABIC), Security of Payments Act compliance, as well as FIDIC, NEC4 and JCT standard contracts. Our in-depth knowledge of these contracts allows us to offer insights and advice that are not only legally sound but also grounded in practical, real-world applications.
We conduct pre-contract audits to identify standard terms and conditions, proposing amendments to effectively transfer or mitigate high or unnecessary risks. A well-constructed contract is vital in managing risk. We ensure that before signing, the contract aligns with your interests, and you fully understand the associated risks. Our approach ensures that you’re not blindsided by unexpected obligations or liabilities down the line.
We conduct thorough contract analyses to evaluate the key terms and conditions. This includes a detailed review of drawings, technical specifications, and site records to ascertain the cause, effect, and merit of any claim. Whether you are a contractor, subcontractor, or client, our experience allows us to understand the root causes of disputes and create effective strategies to address them.
Our claims are written clearly and concisely in plain English, incorporating relevant cost and Critical Path Method (CPM) delay analyses, supported by referenced evidence files. This meticulous preparation ensures that your case is presented with precision, giving it the strongest chance of success.
Before moving forward with a referral to Queensland Building and Construction Commission (QBCC) adjudication, we assess the need for affidavits and expert reports, ensuring that our claims are strong and capable of withstanding scrutiny. Our experience in adjudication and QBCC disputes allows us to confidently navigate this complex process, ensuring that our clients are well-prepared at every stage.
We have extensive experience representing clients in both formal and informal dispute proceedings, and we handle briefing counsel and barristers on your behalf. Our familiarity with various court systems, including tribunals and the Supreme Court, ensures that no matter the complexity of your case, we are equipped to see it through to resolution.
We guide you through the legal process, offering expert advice and support with the aim of reaching a swift resolution while minimising the length of the proceedings. Our goal is always to resolve disputes efficiently to avoid prolonged disruptions to your project
We provide in-house planning and scheduling expertise. When delays occur, we analyse baseline schedules and progress updates, allowing us to perform prospective and retrospective windows and time-impact analyses to assess the delay’s impact. Our team is skilled at identifying the causes of delays, from weather disruptions to poor project management, and we work to provide solutions that fit the specific context of your Gold Coast project.
We identify the causes of delays, including concurrent delays, and allocate responsibility accordingly. To quantify disruption claims accurately, we use earned value or measured mile methodologies to calculate labour and productivity rates, determining the full extent of disruption claims. Our data-driven approach ensures that any claims made are robust and based on verifiable evidence, reducing the likelihood of dispute.
Our claim documents are thoroughly prepared, presenting delay and disruption data in a detailed and auditable format. This ensures that the information is clear and transparent so all parties can see the facts behind the claims.
We also specialise in preparing acceleration claims, evaluating their merit, quantum, and entitlement to an Extension of Time (EoT). Additionally, we provide Third Party Independent Reports to help clients understand their position in the dispute. These reports are invaluable tools in helping clients make informed decisions regarding how to proceed.
Incomplete project planning, insufficient schedule tracking, and poor contract and financial control often lead to projects facing delays and cost overruns. We understand that these issues can quickly derail even the best-laid plans, so we focus on preventing them through proactive management.
Our firm brings together the expertise of our legal, engineering, planning, and quantity surveying teams to assist clients in developing comprehensive project procurement and contracting strategies, significantly reducing project risks. We independently manage claims, allowing contracts management and construction teams to concentrate on project delivery. This division of responsibilities ensures that project teams remain focused on their core objectives while we handle the legal intricacies.
This approach helps maintain positive cash flow from the outset and reduces project administration costs. Our lawyers have expertise in construction, ensuring that cost, schedule, or scope issues are understood and resolved without delay, keeping projects on track. We regularly communicate with project teams to ensure that no issue is overlooked, enabling us to deliver seamless, end-to-end contract management services.
We help developers identify suitable partners, enabling the formation of successful joint ventures through teaming agreements. Our extensive network in the construction industry allows us to connect clients with the right partners, setting the foundation for successful collaboration.
We also have a proven track record in preparing proposals and economic cases required by financial institutions, helping clients secure financing for projects in Australia and internationally. From desktop studies to preliminary financial studies (PFS) and feasibility studies (FS), we assist clients in selecting the appropriate project structure and contract type, including design & construct (D&C), engineering, procurement, and construction (EPC), and engineering, procurement, and construction management (EPCM), among others.
If necessary, we participate in the engineering, procurement, and construction installation (ECI) phase and help acquire planning and authority approvals. We also assist in preparing critical legal documents such as teaming agreements, non-disclosure agreements (NDAs), expressions of interest (EOIs), and requests for tender (RFTs), along with drafting head contracts, subcontracts, consulting contracts, and supplier agreements.
Fast-track projects often result in defects, some of which may be difficult to rectify, especially if they are hidden underground. We understand the complexities involved in managing these issues and work to provide solutions that protect our clients’ interests.
We provide a comprehensive range of technical and legal advice to address rectifiable and unrectifiable defects. Our expertise includes advice on insurance options such as owner or contractor self-insurance and decennial insurance.
We have extensive experience handling major insurance claims, including providing advice to clients who opt for self-insurance, such as government bodies and statutory authorities. Our skill set covers all aspects of insurance advice and claims management.
Our services include interpreting and drafting policies, providing advice on indemnity and subrogation matters, conducting recovery actions, and representing clients in dealings with insurers. We help navigate complex insurance procedures to protect our clients’ interests and ensure their claims are properly managed.
“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.