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Security of payments lawyers

Protect your rights during construction payment disputes

AANDI Lawyers’ veteran Melbourne-based legal team specialise in construction industry security of payments. Whether you’re a contractor seeking fees owed by an uncooperative client or a homeowner disputing an unfair payment request from your contractor, we will lead you to a just legal outcome. Let’s schedule a consultation at our Richmond offices.

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We’ll ensure you get what you’re owed in a timely manner

Resolving disputes, especially those in the construction industry, can be a challenge to navigate. While Victoria does have construction industry payment legislation designed to protect the rights of builders, contractors and clients, the truth is that commercial and domestic building contracts that seem clear are often far more nuanced than you might expect.

AANDI Lawyers provides straightforward, sound and actionable legal advice to help you secure your payments and protect your assets.

  • Expert advice
    We offer contract interpretation, mediation, negotiation, and litigation services.
  • A fair outcome
    We will recover the debt you are owed from contract work under the Australian building and construction laws.
  • Get the result you want, fast
    We will assign you dedicated legal counsel who will work efficiently to help you reach a fair outcome.

Get legal advice on building industry security of payments

If you have any questions, our team of building and construction lawyers can help. Book your consultation today.

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How we handle security of payment disputes

Security of payments
1

Let us know the details of your dispute.

2

We'll review the facts of your case, assess your contract, then advise you on your legal options.

3

We'll seek an amicable resolution to secure your payments or escalate the matter to the relevant authorities.

4

You claim your entitlements.

5

How we handle security of payment disputes

1

Let us know the details of your dispute.

2

We'll review the facts of your case, assess your contract, then advise you on your legal options.

3

We'll seek an amicable resolution to secure your payments or escalate the matter to the relevant authorities.

4

You claim your entitlements.

How we handle security of payment disputes

1

Let us know the details of your dispute.

2

We'll review the facts of your case, assess your contract, then advise you on your legal options.

3

We'll seek an amicable resolution to secure your payments or escalate the matter to the relevant authorities.

Our security of payment dispute team

With decades of experience navigating building and construction industry laws, there are few types of legal disputes we haven’t successfully resolved. 

Leigh Nikolakis

Principal Lawyer

John Stavris

Senior Associate

Michael Jacobs

Special Counsel

Kristian Nainie

Lawyer

Minuri Dharmasena

Lawyer

Client withholding payment? Builder demanding too much? Engage AANDI Lawyers today.

There are laws designed to protect you. Let’s use them.

The Victorian Security of Payment Act protects homeowners and builders (and subcontractors who supply related goods) during payment disputes. We’ve relied on this act to secure payment for our past clients, and we feel absolutely confident we can do the same for you.

  • Establish a reasonable payment schedule
  • Negotiate progress payment schedules
  • Expedite payment arrangements
  • Escalate to an authorised nominating authority for an adjudication determination
  • Private legal negotiations and mediations between parties
  • Building contract review and analysis

Our corporate social responsibility

Why Melbourne builders trust our payment dispute lawyers

Accessible legal representation

We don't charge new clients for their first consultation. We want to get an understanding of your case and your options first. We will give you a fair and honest assessment so you know exactly where you stand and what fees are involved.

Decades of proven success

We've been helping clients recover contract debt for years. Whether you need help escalating a dispute to the Australian Building Construction Commission or fighting an unfair payment claim, we can help.

Get an outcome, fast

We know every second counts when it comes to financial disputes. We work hard to get the desired outcome as quickly as we can. You'll see fast results so that you can get back to business as usual.

Transparency throughout the process

We translate legal jargon and let you know what we're doing in simple terms. We'll update you via phone or email to provide status updates on your case. We won't make a move if you haven't approved it.

Testimonials

In a security of payment dispute? Let’s get started.

Our building and construction lawyers are ready to go as soon as you are.

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Level 3, Building 5, 658 Church Street, Richmond, Victoria 3121

Monday-Friday
8:30 am–5 pm

Flexible payment plans available

Dale Street Parking and Wilson Parking nearby

Your questions answered

Can builders or subcontractors make a claim against an owner?

Yes, builders can make a claim against an owner for a variety of reasons. For example, if there are late payments or disputes about how a building contract is to be interpreted, the builders can make a claim against the owner. Subcontractors can also make a claim against an owner to a limited extent. Usually, though, a subcontractor would make a claim against a head contractor.

Do you review building contracts?

Building contracts can be very complex, and it isn't always obviously apparent when there has been a breach, and when it is time to pursue commercial litigation over construction projects. We review building contracts when there is a dispute. Typically, this is after the agreement has been made. In general, we do not review building contracts before they are signed. If, however, you have a disagreement about a breach of building and construction law, or outstanding payment claims in relation to building and construction, we can review your contract to see whether you have a case.

How do you prove a building has defects?

Australian consumer law provides guarantees in relation to the quality of renovation services. There is a minimum standard of work, and if it is badly done or unsafe, it might be categorised as defective under the law. However, simply alleging building defects is not enough to establish it as a fact.

We engage building experts to assess the defects, and provide a report on the severity of the defect and whether or not they are compliant with Australian Standards. The reports of these experts can then be used as evidence to bolster your case.

What types of disputes do you cover in claims?

For owners, we cover claims for breach of contract. This includes when the owner has employed a contractor who has delivered work with defects in design and/or construction. Additionally, we can help owners in claims against contractors who have not completed their work, or who have been slow to complete the works.

For builders, we cover claims for breach of contract, variations to the works or contract price, late payments, and disputes about interpretation of the building contract.

For disputes between head contractors and subcontractors, we cover claims about payment, poor workmanship, quality issues with the material the subcontractor has used, and non-payment or retention of any money and the retention not being paid.

Who can make a building and construction claim?

The owner and contractor (builder) can both make claims because they are the parties to the building contract.

Claims can be brought against architects, subcontractors, suppliers of building materials, and other parties relevant to the contract.

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Page author

Leigh Nikolakis is a qualified commercial tenancy dispute lawyer with years of experience in this area of law.

About us
Leigh Nikolakis
Principal Lawyer

Leigh has decades of legal experience and has held the Director position at AANDI Lawyers for over 8 years.