OUR CONSTRUCTION LAWYERS ARE PROFESSIONAL ENGINEERS & PROJECT MANAGERS

We help miners and financiers build profitable partnerships by developing practical project strategies that win board and financing approval. We are the only law firm in Australia with 45 years of first-hand project development experience in mining, mineral processing and in forming successful partnerships between miners, governments, and financiers.

About Us

Award-Winning Construction Law Firm

Your project, our expertise 
Our management’s extensive qualifications across a spectrum of disciplines (engineering, quantity surveying and law), coupled with years of first-hand expertise in Design Engineering, Project Management, Project Controls, Scheduling and Contract Administration, uniquely equip Baker Merz to advocate for our clients. This distinctive combination positions us to engage seamlessly with diverse stakeholders in construction, including owners, builders, contractors and operators. Our in-depth understanding of industry-specific issues ensures that we navigate the complexities of construction issues with precision and clarity, fostering effective communication and resolution for our clients.

Arbitration proceedings

Our Services

Contract Reviews: Comprehensive analysis and review of construction contracts to ensure legal compliance and protect client interests.

Claim Preparation and Evaluation:

Contract Reviews: Comprehensive analysis and review of construction contracts to ensure legal compliance and protect client interests.

Claim Preparation and Evaluation: Skillful preparation and evaluation of construction claims, including delay claims, change orders, and other contractual claims.

Dispute Resolution: Expertise in resolving construction disputes through negotiation, mediation, arbitration, or litigation, depending on the specific needs of the client.

Adjudication Services: Serving as adjudicators for construction disputes, providing fair and impartial decisions in accordance with relevant laws and regulations.

Construction Arbitration and Mediation: Facilitating alternative dispute resolution processes such as arbitration and mediation to efficiently resolve conflicts outside of the courtroom.

Construction Litigation: Representation in construction-related litigation, including contract disputes, defects, and other legal matters in court.

Risk Management and Compliance: Assistance in developing and implementing risk management strategies to minimize legal exposure and ensure compliance with construction laws and regulations.

Insurance and Bond Claims: Handling claims related to construction insurance and bonds, including negotiations and litigation when necessary.

 Payment Disputes: Addressing issues related to payment disputes, and other financial matters in construction projects.

Project Documentation and Records Management: Providing guidance on proper documentation practices and maintaining records to support legal positions in the event of disputes.

Regulatory Compliance: Ensuring compliance with local, state, and federal construction regulations, permits, and licensing requirements.

Construction Legislation Advice: Staying abreast of changes in construction law and providing clients with advice on how new legislation may impact their projects.

Bid Protests and Procurement Issues: Assisting clients in challenging or defending against bid protests and addressing procurement-related legal issues.

Construction Contract Drafting: Drafting and reviewing construction contracts to clearly define the rights, obligations, and responsibilities of all parties involved.

Expert Witness Services: Providing expert witness testimony and support in construction-related legal proceedings.

Dispute Resolution: Expertise in resolving construction disputes through negotiation, mediation, arbitration, or litigation, depending on the specific needs of the client.

Adjudication Services: Serving as adjudicators for construction disputes, providing fair and impartial decisions in accordance with relevant laws and regulations.

Construction Arbitration and Mediation: Facilitating alternative dispute resolution processes such as arbitration and mediation to efficiently resolve conflicts outside of the courtroom.

Construction Litigation: Representation in construction-related litigation, including contract disputes, defects, and other legal matters in court.

Risk Management and Compliance: Assistance in developing and implementing risk management strategies to minimize legal exposure and ensure compliance with construction laws and regulations.

Insurance and Bond Claims: Handling claims related to construction insurance and bonds, including negotiations and litigation when necessary.

 Payment Disputes: Addressing issues related to payment disputes, and other financial matters in construction projects.

Project Documentation and Records Management: Providing guidance on proper documentation practices and maintaining records to support legal positions in the event of disputes.

Regulatory Compliance: Ensuring compliance with local, state, and federal construction regulations, permits, and licensing requirements.

Construction Legislation Advice: Staying abreast of changes in construction law and providing clients with advice on how new legislation may impact their projects.

Bid Protests and Procurement Issues: Assisting clients in challenging or defending against bid protests and addressing procurement-related legal issues.

Construction Contract Drafting: Drafting and reviewing construction contracts to clearly define the rights, obligations, and responsibilities of all parties involved.

Expert Witness Services: Providing expert witness testimony and support in construction-related legal proceedings.

Contract reviews

A well-written construction contract can minimise risks. Before you sign any agreement, we will make sure that it will be in your best interests. We can draft and review construction contracts, and develop contract administration templates to ensure compliance with pre-conditions to entitlement, overcome time-bars and ensure entitlement.

Security of Payments Act

We can assist in drafting your Payment Claim or Payment Schedule within the short time frames provided for in the Act to put you in the best position to prevail in any dispute. We combine our technical and construction expertise with our comprehensive legal knowledge of the Act to make sure our clients make the most of their rights under the contract and under the Act.

Claims Preparation

Our breath of technico-legal expertise allows us to find legitimate recovery avenues and prepare well structured fully-substantiated claims written in plain English that are easy to follow. We conduct exhaustive investigations to evaluate, prepare, and present construction claims and assist our clients develop strategies to resolve disputes quickly and efficiently.

CPM Delay Analysis

We prepare robust prospective and retrospective windows, and time-impact analysis to determine delays, concurrent delays and apportionment. We also calculate productivity rates using approved methods (earned values or measured mile) to determine the quantum of disruption claims.

Independent Assessments

We evaluate merit, quantum and entitlement and provide Third Party Independent Reports to help our clients understand the strengths and weakness of their contractual position. We are some of the strongest independent witnesses and regularly provide Expert Reports and expert testimony in arbitration and litigation proceedings.

Dispute Resolution
& Legal Services

When amicable resolution fails, you can rely on us to remain helping you in recovering debts through arbitration, the tribunals and the courts. We will guide you through the legal process, and work towards a resolution of your dispute in the shortest possible time.

Like any other law firm...

We conduct contract reviews to check errors and ensure discrepancies are discovered and fixed, and that the important terms of confidentiality, indemnification, termination and dispute resolution are fully covered.

Unlike other law firms...

Thorough Review

We review technical specifications, engineering drawings, scope of works, and delivery schedule to ensure that the entire contract meets the project objectives.

Correspondence

We prepare letter-templates, assist in the drafting of correspondence, and provide legal and contracts advice to the Commercial and Contracts Manager on the site.

Contracts

We assist Construction and Contracts Management teams with the creation of an appropriate claim management system where all records of contentious issues are kept.

Claims Education

We conduct claim administration sessions to educate the Contracts Management team on the key aspects of the Contracts and Legal aspects.

Long Term Smarts

On long term projects, where turnover of personnel cannot be avoided, we obtain affidavits when claim-events are fresh in people's minds and keep them on file for reference.

Claim Defence

With right to a claim established, we ensure claim defences include appropriate interpretation of terms, evidentiary record, delay analysis & cost substantiation.

Baker Merz © 2022 | All rights Reserved | ABN: 40 650 782 317 | Liability Limited by a scheme under professional standards legislation

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Get in touch today to start the ball rolling on your next construction law requirement. Baker Merz is here to help with all of Construction Law needs. Get in touch today!