Legal service

Hamilton Mott delivers specialist legal services in construction and building disputes across Australia. We act for principals, developers, consultants, contractors, and subcontractors, offering practical, strategic advice backed by deep industry insight. From payment claims and contract disputes to residential defect proceedings, we help clients assess their position and pursue effective resolution through adjudication, tribunals, or litigation.

Our Legal services include:

Claims

Construction projects often give rise to claims—for example, claims for extra payment due to changes in the scope of work, extensions of time, or costs caused by delays or disruptions. We help clients understand their legal entitlements under the contract and relevant legislation, prepare or respond to claims, and navigate the process of resolving them, whether informally or through formal processes.

Adjudication

Adjudication is a fast-track dispute process available under the Security of Payment laws. It’s designed to help contractors, subcontractors, and suppliers resolve payment disputes quickly and keep cash flowing during a project. We guide clients through preparing adjudication applications or responses, ensuring compliance with strict timeframes and presenting their position clearly and effectively.

Alternative Dispute Resolution (ADR)

Not every dispute needs to go to court. ADR refers to methods such as mediation, expert determination, and arbitration, which can often lead to practical outcomes without the cost or time involved in litigation. We assist clients in choosing the right approach and represent their interests throughout the process.

Litigation

When disputes cannot be resolved informally, court proceedings may be necessary. We represent clients across all relevant courts and tribunals, tailoring our approach to the complexity and value of the matter. We work to ensure proceedings are well-managed, evidence is properly presented, and outcomes are commercially sensible.

NCAT (NSW Civil and Administrative Tribunal)
Often used for residential building disputes, particularly involving homeowners and builders. NCAT can deal with defective works, incomplete work, and disputes under the Home Building Act. We assist clients through the tribunal process, including drafting applications and attending hearings.
Local Court
Handles lower-value construction disputes (generally up to $100,000). This is often the most cost-effective option for straightforward claims, such as unpaid invoices or minor contract breaches.
District Court
Suited to mid-range disputes (generally $100,000 to $750,000), such as claims for delays, non-payment, or breach of contract in larger residential or small commercial projects.
Supreme Court
The forum for high-value or legally complex matters. This includes major contractual disputes, urgent injunctions, or proceedings involving company directors and trusts. We handle both straightforward and highly technical construction cases in this jurisdiction.
Land and Environment Court
This specialist court deals with planning, environmental, and land-use issues. For construction projects, this might involve appeals from council decisions, challenges to development consents, or disputes about environmental obligations. We advise and act for both developers and affected landowners.