“Thirty percent of all construction projects in Australia end in a dispute.”
That stat should stop you in your tracks. Not because it’s shocking (though it is), but because it’s avoidable.
If you’re planning to build—whether it’s your dream home, an investment property, or a boutique commercial project—pause. There are a few things construction lawyers in Sydney desperately want you to know before you lay a single brick.
This isn’t about scaring you. It’s about preparing you. Let’s dive into the real stuff—what actually matters.
1. Your Contract Is Not Just Paperwork—It’s a Landmine (or a Lifeline)
Too many people treat contracts like terms and conditions on a website: scroll, click, sign. Don’t.
Construction contracts are legal war zones. You need to understand every clause, especially around:
- Progress payments
- Variation clauses (these let builders charge more later—watch them)
- Timeframes and extensions
- Termination rights
Here’s something your builder won’t put on a billboard: many contracts are drafted in their favour. You need someone to review it before you sign. A good lawyer can save you tens of thousands down the road.
2. “Mate’s Rates” Often Come with Hidden Costs
Using a friend-of-a-friend to build your place? Cool. Just make sure your friendship isn’t the only contract you have.
Verbal agreements are legally shaky. If you agree on a scope, a price, or a timeline—write it down. Signed. Dated. Clear.
Don’t rely on good faith. When things go sideways (and they often do), it’s the paper trail that protects you.
3. Council Approvals Are Just the Beginning
Think once you get council approval you’re set? Think again.
Construction lawyers deal with clients who hit walls—sometimes literally—because they didn’t understand zoning, easements, or building code compliance. For instance, if your structure encroaches on a neighbouring lot (even slightly), that’s a legal nightmare waiting to happen.
Solution? Get a detailed property survey. Hire professionals who understand local planning laws. Sydney councils don’t mess around—and neither should you.
4. Insurance Isn’t Optional—It’s Non-Negotiable
You need Home Building Compensation Cover (HBC) if your project is worth over $20,000 and involves a licensed builder. If your builder doesn’t provide it? Red flag. Huge one.
And you? You should also get Contract Works Insurance and Public Liability Insurance. If someone’s injured on your site—or worse—you want to be covered.
5. Disputes Can Ruin More Than the Project
Here’s the thing: when things go wrong, they go really wrong. Projects stall. Legal costs skyrocket. Relationships fray. Builders vanish.
Prevention is cheaper than litigation.
Construction lawyers often wish clients came to them before the build, not after the fallout. If you’re unsure about a clause, a payment request, or a delay—ask. That hour of legal advice might save you six months of courtroom hell.
6. Keep a Daily Site Diary (Yes, Really)
This sounds old-school. It’s not. It’s smart.
Track what happens on-site daily:
- Who was there
- What work was done
- Weather conditions
- Any conversations or changes
When disputes arise, your diary becomes your best friend. It’s simple. It’s powerful. And it’s shockingly underused.
7. The “Small Stuff” Is What Trips You Up
Things like:
- Not checking your builder’s licence
- Assuming “turnkey” includes landscaping
- Not budgeting for delays or overruns
- Forgetting to get variations in writing
Small mistakes compound. Big bills follow. Be across the detail.
Wrap-Up: Build Smart, Not Just Big
Building is exciting. It’s also risky. But with the right preparation, it doesn’t have to be a legal minefield.
Construction lawyers in Sydney don’t want to see you when it’s too late. They’d rather you succeed from day one—with contracts that protect you, paperwork that’s solid, and decisions that are informed, not impulsive.
And hey, if you want more behind-the-scenes insights into the legal side of construction, follow our updates at doylesguide.com. We break down real case studies, interview industry experts, and help you avoid costly mistakes.
Start strong. Stay sharp. Build with your eyes wide open.