Baker Merz Construction Lawyers
Expert construction law services. Contract disputes, adjudication, claims & litigation. Free consultation.
02 9052 6871Quick Enquiry
Contract Review & Drafting
HIA NSW, MBA NSW, GC21, AS4000 & bespoke agreements.
NCAT Representation
Domestic building disputes, defect claims & termination matters.
Security of Payment
Payment claims, schedules & adjudication under the NSW SOP Act.
Building Dispute Resolution
Strata defects, cladding rectification & professional negligence.
Claims Preparation
Variation, EOT, delay & disruption claims with CPM analysis.
Construction Litigation
Supreme Court, District Court & appellate matters.
Delay & Disruption
Prolongation, acceleration & productivity loss quantification.
Domestic Building Contracts
Home Building Act 1989, warranties & insurance advice.
Sydney's Construction Market: Scale, Complexity & Opportunity
Sydney is Australia's largest construction market by value, volume, and diversity of project types. The city has experienced an unprecedented infrastructure boom driven by record government investment in transport, health, education, and urban renewal. Sydney Metro, Australia's largest public transport project, has reshaped both the city's rail network and procurement models. WestConnex links Sydney's west and southwest to the CBD. The Western Sydney Airport at Badgerys Creek is transforming the region's economic geography.
Sydney's high-density residential sector brings distinct legal challenges ” strata defect claims under the Residential Apartment Buildings (Compliance and Enforcement) Act 2020 (NSW), cladding rectification obligations, and certification issues under the Design and Building Practitioners Act 2020 (NSW). Government procurement through Transport for NSW and Health Infrastructure NSW introduces complex alliance contracts and PPP arrangements.
NSW Construction Legislation We Navigate
The Home Building Act 1989 (NSW) remains the cornerstone of residential construction regulation, establishing statutory warranties, licensing requirements, and insurance obligations. The Building and Construction Industry Security of Payment Act 1999 (NSW) provides a statutory adjudication regime that has fundamentally changed cash flow management. The Design and Building Practitioners Act 2020 (NSW) introduced a statutory duty of care and regulated designs framework. The Environmental Planning and Assessment Act 1979 (NSW) governs development approval and certification.
Recent Case Studies — Sydney
Sydney Metro Station — NCAT Defects Dispute
A developer of a residential apartment complex near a Sydney Metro station was facing NCAT proceedings brought by the owners corporation alleging water ingress defects across 40 units, with rectification costs estimated at $3.2 million. The developer's insurer had denied coverage on the basis of a policy exclusion for design defects, and the builder had gone into liquidation. Our engineer-lawyers conducted a forensic investigation of the building envelope, engaging specialist waterproofing consultants to identify the root cause of the water ingress. We established that the defects were not design-related but resulted from the builder's failure to follow the approved waterproofing details during construction — a finding that defeated the insurer's exclusion argument and established liability against the builder's insurer under the Home Building Compensation Fund. We represented the developer in NCAT proceedings, presenting expert evidence that the rectification methodology proposed by the owners corporation was excessive and that targeted repairs could achieve the required outcome at a fraction of the cost. The NCAT member accepted our expert evidence and ordered rectification at $890,000 — a 72% reduction from the claimed amount.
Western Sydney Airport Corridor — Security of Payment Adjudication
An earthworks contractor on the Western Sydney Airport access corridor was owed $1.8 million in progress payments, with the head contractor refusing to pay and asserting a set-off for alleged defective compaction. The contractor had already laid off 30 staff and was facing insolvency if the payment was not recovered within 30 days. We commenced adjudication under the NSW Building and Construction Industry Security of Payment Act 1999, preparing a comprehensive payment claim and response to the payment schedule. We engaged a geotechnical engineer to provide expert evidence that the compaction met the specified testing regime, and we demonstrated that the head contractor's set-off was not supported by the contract's set-off mechanism. The adjudicator determined in our client's favour for the full $1.8 million plus interest and adjudicator fees. The head contractor paid within the statutory timeframe, and the contractor was able to retain its workforce and complete the project without further dispute.
Barangaroo Tower — Cladding Rectification and Professional Negligence
A commercial tower developer at Barangaroo was facing a cladding rectification order under the NSW Building Products (Safety) Act 2017, with estimated costs of $6.5 million and a 12-month programme disruption. The developer sought to recover the costs from the original fire engineer, whose certification had approved the cladding system. The fire engineer's professional indemnity insurer denied coverage on the basis of a statutory compliance exclusion. Our engineer-lawyers reviewed the original certification, the testing documentation, and the regulatory framework at the time of original approval. We established that the fire engineer had complied with the applicable standards as they existed at the time of certification, and that the subsequent regulatory change was not foreseeable. We also identified that the rectification order itself was technically excessive — a targeted replacement of the problematic panels could achieve compliance at approximately $1.8 million. We negotiated a settlement with the fire engineer's insurer that covered the targeted rectification costs and achieved a 10-month reduction in the programme impact, allowing the developer to re-let the affected floors without the projected vacancy loss.
Office Details
Address
Level 1, 1 Martin Place, Sydney NSW 2000
Phone
02 9052 6871Hours
Mon–Fri 9:00am – 7:00pm
Areas We Serve Across NSW
Sydney CBD & Eastern Suburbs
High-rise commercial and residential towers, mixed-use precincts, and major infrastructure.
Western Sydney & Parramatta
Western Sydney Airport, Aerotropolis, and Parramatta's emergence as Sydney's second CBD.
North Shore & Northern Beaches
Heritage-sensitive projects, residential development, and domestic building work.
Regional NSW
Newcastle, Wollongong, Central Coast, and beyond with remote service capability.