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نقدر اهميه اخواننا العرب في مجال الانشاءات
لدينا متحدثون باللغة العربية
اتصلوا بالمحامية ساميا حداد
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我們律師事務所提供建築工程方面的法律咨詢和服務。多年來， 我們專門從事建築和工程法的工作，懂得建築業的術語和慣例，並且積累了豐富的經驗。
新南威爾士州的建築業是由很多的法律條文管理和控制的。如果沒有按照有關的法律或規則去做，就有可能被罰款，或付出賠償金，甚至有可能會被吊銷牌照。如果你被判定違反了家居建設業的法律 （Home Building Act）, 公平貿易辦事處 （Office of Fair Trading） 的網址上將會永遠刊登你的違法紀錄，任何人都能看得到。
在建築業，按照合同收取報酬並不是一件容易的事。有些顧客會在住房新建或舊房改建即將完工，可以入住的時候拒付欠款；他們尤其會拒付後期更變的款項，或由他們引起的拖延工期的費用。
商業用房
我們有多種方法協助你收取這些欠款。要找到對你最適合的摧款方式，首先要知道你建的或翻修的是商業建築還是私人住宅。如果房子不是爲了用作私人住宅，你可以用近期才開始執行的 Security of Payment Act 來取回欠款。一般來說，Security of Payment Act 是最快的催收欠款的方法，大約35-36 天之内取回欠款 （假設對方循法辦事）.
居民住宅
如果你是新建或翻修改建私人住宅，Security of Payment Act 則並不一定對你適用，你應該咨詢你的律師，決定Security of Payment Act 是否適用。如果不適用，你可以通過公平貿易辦事處 （Office of Fair Trading）來解決欠款問題。如果你的顧客抱怨工程缺陷或未完工，你可以要求公平貿易辦事處 （Office of Fair Trading）派遣建築督察員（Building Inspector）到建築地盤查探。建築督察員（Building Inspector）會安排同你和你的顧客在地盤會面，檢查有爭議的項目並協助雙方達成適當的解決方法。注意，如果你不能同客戶達成協議的話，建築督察員（Building Inspector）有權力簽發更正指令要求你做一定的維修工作
我們有數名講粵語和國語的員工，並且有很多協助華人建築業者的經驗，不論是在澳大利亞還是在海外，也不論是商業建築還是民用住宅
如有查詢，請電 02 9212 1552 或參觀我們的網站：www.thebuilderslawyer.com
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Building and Construction Law: Expert Evidence in the Home Building Division of the Consumer, Trader and Tenancy Tribunal
It is often difficult for persons outside the building and construction industry to understand the nature and disposal of building and construction disputes. Evidence plays a key role in building and construction law. At a very general level there are two sorts of evidence which are used to base a decision of an umpire such as the Consumer Trader and Tenancy Tribunal (the "CTTT").
Lay evidence as to building and construction contracts
Firstly, there are the statements of the parties as to the
nature and performance of the contract. Owing to decades of remedial
legislation the vast majority of building works of a residential nature in the
State of NSW are carried out pursuant to the terms of a written contract.
Sometimes evidence is required to supplement the written
building and construction contract or to deal with matters which have arisen since the signing of those
contracts. However, there are relatively few occasions where there are
substantial disputes arising out of verbal negotiations or communications
between the parties, since most of the written contracts provide for most
eventualities and are expressed to take precedence over any verbal additional
terms, warranties or promises.
Role of experts in building and construction disputes in the CTTT
Secondly, there are the sets of evidence which relate to how
well the builder or contractor has performed its part of the bargain. Chiefly
these in turn consist of two topics, the extent to which the works are said to
be defective, and secondly, the extent to which the works may be said to be
incomplete.
Evidence in relation to this second category of dispute
elements, defects and incompletion cannot be given by the parties in most cases
since it will require a building expert to give evidence that an unqualified would not know. Finally, even if the home owner
does have the requisite technical knowledge most people would say that as an
interested party, his evidence as to technical matter ought not to be taken
because it would be difficult for most bystanders to be sure that such
technical evidence would be sufficiently, objective, since it is plainly not
independent.
Thus you cannot start to understand the way in which
building and construction disputes are arbitrated without appreciating that in
the vast majority of cases where significant sums are involved, the ultimate
decision must depend on what the expert have said.
This assumes of course that both parties have obtained
experts to give evidence on their behalf. We recommend that you do engage a
building consultant or other expert to give evidence on your behalf. First get your building consultant or more specialised expert to prepare a report and then contact us, enclosing as you do
so, a copy of the expert's report seeking our advice on whether it is likely
you can receive compensation for the subject of your disappointment at law, and
as to whether further evidence may be required.
Expert evidence given in building and construction matters in the CTTT
We have set out below the names of many persons who have given evidence before the Home Building Division of the CTTT over the past three years in all types of building and construction cases. If you wish we are happy to make available the contact details of each of these persons. If you become one of our clients we will provide you with the names of some of those cases in which they are recorded as having given evidence as an expert witness and discuss with the outcome of those cases and their relationship or applicability to the dispute which now faces you.
While home-owners generally find this facility of greatest
interest, many sub-contractors and builders will also find it advantageous to
study how each expert prepares to assist the Tribunal and the constructive
criticism the Tribunal may from time to time make with respect to their
endeavors. Just indicate on the email
form at the end of the list, the three experts in whom you are interested and
we will arrange to supply the appropriate information to you.
If you are included in our List of Experts we would be pleased to amend your particulars as soon as you inform us of any changes.
