Commercial Services
At Hamilton Mott, we offer commercial legal services that align with the realities of construction project delivery. We work closely with clients during the planning and procurement stages to set projects up for success, reduce risk, and ensure contracts are tailored to your operational needs and commercial drivers. Our approach is practical and collaborative, designed to help you manage complexity, control costs, and deliver your project on time and with clarity around each party’s obligations.
Led by Principal Jock Hamilton, who has worked on large-scale residential, commercial, and infrastructure projects across Australia and abroad, we offer commercially astute guidance backed by deep legal and industry insight.
Our commercial services include:
Design and Construct Contracts
Design and Construct (D&C) contracts place responsibility for both the design and construction of a project in the hands of the contractor. This delivery method can streamline project timelines and reduce risk for principals but also requires careful contract drafting to manage design liability, performance specifications, and coordination with consultants. We assist clients, both principals and contractors, in negotiating and drafting D&C contracts.
Construct Only Contracts
In construct only contracts, the principal engages consultants to prepare the design and engages the contractor to carry out construction only. This structure gives the principal more control over the design but may lead to disputes if the design is unclear or incomplete. We advise clients on negotiating and drafting construct only contracts.
Subcontracts
Subcontracts form the operational backbone of many construction projects, defining the terms on which a contractor engages subcontractors to perform specific components of the work. Poorly drafted subcontracts can expose the head contractor to unnecessary risk or payment disputes. We assist contractors negotiate and draft tailored subcontracts.
Minor Works Contracts
Minor Works Contracts are typically used for low-value or low-risk construction works such as maintenance, repair, or small refurbishment projects. We prepare and review Minor Works Contracts to ensure clarity and legal sufficiency without overcomplicating the agreement.
Consultancy / Services Agreements
These agreements govern the terms on which professionals, such as engineers, project managers, certifiers, or architects, are engaged to provide services on a project. A well-drafted consultancy agreement defines deliverables, timelines, liability limits, and coordination responsibilities. We advise both service providers and principals on how to structure and negotiate consultancy contracts to suit the project’s scale and technical demands.
Supply of Goods Agreements
Supply agreements set out the terms on which materials, components, or equipment are purchased and delivered for construction projects. Whether involving one-off supply or ongoing delivery across a project, these agreements should clearly address lead times, quality standards, title and risk transfer, and liability for defective goods. We assist in drafting, reviewing, and negotiating supply contracts that minimise commercial risk and support timely project delivery.
Home Building Standard Form Contracts
In residential construction, parties often use standard form contracts issued by industry bodies (such as HIA or Master Builders). While convenient, these contracts may not always reflect the specific risks or needs of a particular project. We assist homeowners, builders, and developers in reviewing, modifying, and negotiating standard form home building contracts to ensure they are fair, and compliant with the Home Building Act 1989 (NSW).