Projects, Engineering and Construction Lawyers
Strategic legal support for construction, infrastructure, and engineering projects.
We advise on:
- Contract drafting and negotiation
- Risk allocation and dispute avoidance
- Variations and project claims
- Regulatory and compliance issues
Our focus is on reducing risk, resolving disputes early, and protecting commercial outcomes throughout the life of a project.
End-to-end Solutions
At Barnard Lawyers, our team of experienced projects, engineering, and construction lawyers is dedicated to providing comprehensive legal services to clients in the Perth area. We understand the unique challenges and complexities that arise in these industries, and we are committed to helping our clients navigate these issues successfully.
We can assist the parties to rethink their contract negotiations from the current competitive and value-distributive nature, where both parties having clearly opposing interests driven by self-interest to improve their own position; this shift is towards cooperative and value-creation negotiations, where both parties could create some value, and build longer term business partnering arrangements.
We have extensive experience with major project contract claims, which often escalate to full-blown disputes, so we can be on-point to assist with preventing this escalation and to seek appropriate resolution early. This avoids lengthy and expensive disputes, arbitration, or courts.
We assist with:
By integrating legal precision with commercial reality, we help you deliver projects with certainty and protect your bottom line.
01
Contract Negotiation
Drafting bespoke agreements or advising on standard forms (such as AS, FIDIC, and GC21).
02
Risk Mitigation
Developing robust frameworks to manage site conditions, variations, and delays.
03
Dispute Avoidance
Implementing proactive strategies to resolve onsite issues before they escalate into litigation.
04
Regulatory Compliance
Ensuring all safety, environmental, and planning requirements are met.
How We Can Help
We provide end-to-end legal support for the life of your project, from initial procurement and contract drafting to project management and final completion. Our team understands the technical complexities of the engineering and construction sectors, allowing us to identify and allocate risks effectively before they impact your timeline or budget.
HEAR FROM OUR CLIENTS
FAQs
What is the difference between construction law and property law?
Property law and construction law focus on different stages of a project. Property law is about ownership and rights over land. It governs transactions like buying and selling, commercial leasing, and land titles. It essentially deals with the legal status of the property itself.
Construction law focuses on the physical building process. It covers the contracts between developers, builders, and subcontractors, while managing risks like project delays, defects, and payment disputes. While property law secures the land, construction law ensures the project is built correctly and that all parties are protected throughout the development.
What are the 5 elements of a construction contract?
A standard construction contract relies on five core elements to ensure a project runs smoothly and legally. First is the Scope of Works, which provides a detailed description of exactly what is being built to prevent disputes over “extras.” Second is Payment Terms, outlining the contract sum and how progress claims are made under the Building and Construction Industry (Security of Payment) Act.
Third is the Timeline, specifying the commencement date and the date for “practical completion.” Fourth is Quality and Defects Liability, which sets the standards for workmanship and the period for fixing issues. Finally, Dispute Resolution clauses dictate how disagreements are settled without halting the project. Together, these elements provide the essential framework for risk management and project certainty.
Can I change the project contract midway through?
Yes, a construction contract can be changed midway through a project, typically via a process known as a variation. In Western Australia, most standard form contracts include specific clauses that allow for changes to the scope of work, materials, or timelines.
To be legally binding, a variation should usually be in writing and signed by both parties. This ensures clarity on how the change affects the total contract price and the date for practical completion. Without a formal written agreement, “verbal changes” often lead to significant disputes and payment delays later. At Barnard Lawyers, we recommend strictly following the contract’s variation procedure to protect your cash flow and ensure the project remains legally compliant.