Ahern Sierakowski specialise in all commercial contract matters including advice, drafting, disputes and litigation matters.
Our clients include building and construction companies, mining services companies, property developers, contractors, subcontractors, civil contractors and suppliers in a variety of building and construction disputes. We also act for customers of builders.
“We know the WA construction industry, the contracts in use and the issues that arise in construction works. We’ve done this work for 30 years. The advice we provide is not just legal advice.”
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
Further information can be found here regarding our fixed fees.
For 30 years we have provided advice on all building contracts and sub-contracts and on building contract and sub-contracts disputes including payment claims, disputes over variations, Construction Contract Act claims, disputes over delays in building works and claims over defective works and appearances in all courts as well as the State Administrative Tribunal (SAT) and the Building Disputes Tribunal. For more information on SAT see State Administrative Tribunal Hearings.
Our clients include builders and their customers, developers, sub-contractors and owners of both residential and commercial property needing advice and representation on all building contract and payment disputes.
We advise clients before they sign building contracts on important terms and help clients having problems with their builders.
We have successfully handled large construction disputes in the courts – District and Supreme, in the State Administrative Tribunal (‘SAT’) and in the Building Disputes Tribunal for clients including construction companies, structural steel companies, sub-contractors, developers and commercial property owners.
We have successfully handled court cases, adjudications and arbitrations in construction for 30 years. We handled a case involving the owners of Lots in a Mandurah Canal subdivision in dispute over access to jetties and the case was won.
We represented a prominent winery in dispute with a builder that was set down for a 4 day trial in the SAT. On day 2 of the trial the other side consented to judgment for all of our client’s claims and completed rectification work as ordered by the SAT.
We have successfully represented building companies and their customers in trials in the courts, the State Administrative Tribunal and in the building disputes tribunal.
We also regularly provide advice to customers of builders and sub-contractors who have received building contracts and need legal advice on what clauses should be amended to protect their interests.
Preventing people, companies and sub-contractors from making mistakes, sometimes most importantly during the negotiation phase leading up to the signing of the contract and in making sure the correct notices are issued once the works start, for example if there are delays or variations, are just as important as successes in court.
We negotiate and prepare all types of construction contracts including:
A common breach of the Building Act 2011 and the Planning and Development Act 2005 is carrying out building work without a permit.
In a recent case we were successful in obtaining a reduced fine for our client building company of $15,000, when a fine of up to 2 million dollars could have been imposed.
Pursuant to the Building Act 2011, the penalty that applies is:
Under section 40(5) of the Sentencing Act 1995, the penalty is five times the amount of the maximum fine if the offender is a company which sees the fines above increase to $250,000, $375,000 and $500,000 respectively.
Under section 9 of the Building Act 2001 the penalty is a fine of $50,000 for a first time offence. Pursuant to section 40(5) of the sentencing Act 1995 the penalty is five times the amount of the maximum fine if it is a company, which equals $250,000.
Under section 223 of the Planning and Development Act 2005 the penalty is a fine of $200,000. Under section 40(5) of the Sentencing Act 1995 the penalty is five times the amount of the maximum fine if it is a company, which equals $1,000,000.
Therefore, the total maximum penalty is a fine up to $1,250,000.
We can provide you with advice on how you may receive a reduced penalty.
