As a QMBA preferred supplier, we are experienced in acting for both Builders and Home Owners in reviewing adverse decisions of the Queensland Building and Construction Commission in the Queensland Civil and Administrative Tribunal. We also conduct litigation on behalf of Builders and Home Owners in contractual claims.

For Builders, we offer expertise in:

• Contractual disputes with owners or subcontractor at any stage of a project

• Matters associated with the Queensland Building and Construction Commission including, but not limited to, licensing issues, compliance with minimal financial requirements, challenging directions to rectify and other “decisions”, insurance disputes, debt recovery proceedings and defending prosecutions or disciplinary action.

• Recovery of outstanding fees for services provided

• Claims against other service providers or defending claims made against you

• Licensing reviews, including reviews of decisions about suspensions or cancellations; compliance with financial requirements and issues of fitness and propriety;

• Reviews of decisions to issue directions to rectify, scopes of work or termination of contract decisions; and

• Defence of prosecutions or disciplinary proceedings for various “offences” under relevant legislation.

• A comprehensive Bricks and Mortar Package where we provide our expertise to assist in avoiding, or mitigating the above.

For Home Owners, we can assist with reviews of QBCC decisions in relation to:

• Not issuing directions to a builder for the rectification of defective work;

• The validity of a contract termination for the purposes of payment under the Home Warranty Scheme;

• Insurance payments approved under the Home Warranty Scheme, or the refusal to make such a payment; and

• claims against builders (for loss and damage); engineers and certifiers (for various breaches of duties) and in relation to disputes with neighbours.

For Certifiers, we have expertise in:

• Reviews of a decision that a certifier has engaged in unsatisfactory conduct or professional misconduct; and

• Defence of disciplinary proceedings for unsatisfactory conduct and professional misconduct

Cashflow is important to the successful running of a business and we provide timely, economic advice and options for individuals, businesses and companies seeking to recover outstanding debts. From a simple letter of demand to commencing proceedings in Court, our team is able to tailor a recovery plan that suits your individual needs and budget.

Whether your dispute is over cash, leasing matters (including recovery of rental arrears or disputes about terms and conditions) suspension of works under a contract or a claim for damages, Hearthstone Legal is with you every step of the way.

Small Businesses Advisory Services

We represent small to medium sized businesses in respect of various aspects of their operations.

Our services include:

• Business acquisitions and sales

• Starting up a business – establishment or taking over existing structure or business

• Establishment and advice on various structures such as companies, trusts, partnerships, joint ventures

• Franchising advice and dispute resolution

• Purchase of rent roll

• Purchase of management rights

• Shareholders agreement

• Directors agreement

• Drafting, reviewing and advising on various commercial agreements such as supply or agency agreements