Introduction
The Legal department is operated by (2) consultant lawyers and Association support staff.
The Legal & Contracts department is there to assist members in a range of matters, including the choice of contracts, contract interpretation and advise on specific contract provisions. The consultant Lawyers can assist Association members with dispute resolution - informal and formal proceedings as well as contract administration.
Advice can be provided over the phone, but where appropriate a meeting at the MBA, onsite, or at your place of business can be arranged.
Contracts
(Residential & Commercial)
The Association produces and sells a range of contracts and supporting documents for the industry. Members receive discount rates, and as the contracts are well known to our consultant lawyers, they are well placed to advise on these documents.
For price details and contracts sold please click here.
 Legal
Advice
Prevention is better than cure, if you have questions, the sooner you ask them, hopefully, the better off you will be. A lot of issues are dealt with over the phone but often many issues relate to documentation, which in turn needs to be viewed by our consultant lawyers to fully consider your issue or position.
Subject to what has to be done or what is requested to be done, a meeting may be arranged. The usual type of matters dealt with are contract selection, contract disputes and interpretation, Court or Tribunal matters, as well as dealings with the Home Building Service. Assistance with contract administration can also be considered.
Forward your particulars to legal@mbansw.asn.au or fax through to (02) 9518 7666. Please ensure your contact details and any time issues are clearly identified.
Do you have a complaint about a member?
Click here to find out how you can lodge a complaint.
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Dispute
Resolution
If you are considering commencing proceedings to recover outstanding money, or are involved in a claim regarding your work, it may be appropriate to get advice on your position so that you know what alternative measures may be taken or what you should do to proceed further.
If you wish somebody to look at your predicament you must provide for review details of the situation you are in. This would include outlining the matter/s in issue, what steps have been taken to resolve them so far, and in circumstances whereby you are in proceedings or are threatened with proceedings, a copy of the pleadings and any correspondence outlining what the matter is about.
Forward your details to legal@mbansw.asn.au or fax through to (02) 9518 7666. Please ensure your contact details and any time issues are clearly identified.
Understanding 
Building Contracts
Contract courses are available to enable builders to get a better understanding of what the Home Building Act 1989, "Security of Payment" and other legislation requires a builder to do. The courses concentrate upon both legal aspects of contracts and how to use or satisfy the contract administration criteria to avoid or minimise problems. To enquire about the course please contact the Training Department on (02) 8586 3548.
The course can be conducted outside of Sydney, subject to minimum number requirements.
Security of Payment
The Master Builders Association of NSW is an Authorised Nominating Authority and under the Building and Construction Industry Security of Payment Act 1999. In the role of an ANA, the Association will for the purposes of adjudication under the Act appoint an adjudicator to determine matters as allowed by the Act. For an adjudicator to be appointed you will need to complete an Adjudication Application and subject to the amount in issue, pay a fee.
For a copy of the application form please click here
An additional link from which you can obtain explanations of how the Act works, please go to
http://www.nswprocurement.com.au/Government-Procurement-Frameworks/Construction/Security-of-Payment.aspx.
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