Areas of Practice


Our Services

 

Hearthstone Legal can assist you at various stages of your building and construction process, whether it’s providing early pre-contract advice, assisting in getting work done or getting paid, or dealing with disputes during your construction process to achieve the outcomes that best suit your needs.

We routinely act for builders, contractors and subcontractors, owners and investors in the residential building arena.


Builders and Contractors

 

At Hearthstone Legal, we don’t want to be the lawyers that you call when you’re facing a legal difficulty or deep into a dispute.  Instead, we invite you to partner with us early and let our legal expertise form a central and integral part of your business – just like a hearthstone.

We offer assistance, advice and representation in relation to:

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

  • Matters associated with the Queensland Building and Construction Commission including, licensing issues, compliance with minimal financial requirements, challenging directions to rectify and other “decisions”, insurance disputes, debt recovery proceedings and defending against prosecutions or disciplinary action.

  • Recovery of outstanding fees for services provided

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

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

Our tailored “Bricks and Mortar” packages, entitles you to one-on-one that suits your immediate business needs.  This might include services such as detailed contract advice and guidance so that you can make your contracts work for you and limit issues that might arise, to working with you for the length of a project to ensure your systems are working to their fullest capacity to comprehensive and ongoing debt recovery.

As a QMBA supplier, we are here to support and assist you in times of conflict in your contract, no matter the complexity or stage of the issue.

Our services include:

  • Licensing reviews, including suspensions and cancellations; “fit and proper” decisions and compliance with financial requirements;

  • 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.

For Certifiers, we have expertise in:

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

  • Defence of disciplinary proceedings for unsatisfactory conduct and professional misconduct.


For Owners and Investors

 

Buying a house and land package can be an exciting, but daunting experience.  We partner with a number of conveyancing businesses to assist you with the build portion of your transaction – from an initial advice about the terms of the contract to any issues that might arise during the build.

Unfortunately, sometimes the Builder you engage doesn’t meet the expectations that were promised.  It can be both disappointing and heartbreaking for your dream home to be turning into a nightmare.  We can assist you in navigating this difficult process, to ensure that you are informed and you have the best opportunity at a successful outcome.

We can also assist with reviewing adverse decisions made by the Queensland Building and Construction Commission that effect you including internal and external reviews of decisions not to direct builders, to reject your insurance claims. In the unfortunate event that the QBCC cannot assist, we provide advice and representation in commencing action against a Builder or other responsible party to compensate you for loss and damage (where appropriate).

We provide advice to, represent owners in a number of disputes through a tailored service for your individual needs.  Services include:

 

  • Pre Contract Advice – Building a new home or undertaking renovations is both exciting and daunting, especially when you consider the mountain of paperwork that comes along with any building work. We know that it can be overwhelming and we can provide straight forward, comprehensive advice on the terms of the Contract so that you can move forward with confidence and an understanding of the obligations on both you and the builder. No one wants to be taken advantage of, especially when constructing your dream home. We also partner with a number of conveyancers to offer comprehensive advice on the build portion of house and land packages to compliment your purchasing advice.

  • QBCC reviews - we can assist you in reviewing adverse decisions made by the QBCC including:

    • 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.


Commercial disputes

 

Cashflow is important to the successful running of any 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.


Liability & Risk

 

Whether you’re a builder, subcontractor or small business owner, all businesses need to minimize their legal liability and risk. Our lawyers will assess the structure of your operation, such as its physical or digital space, the types of products you sell, who your consumers are, what type of company you are and so on. From there, we will tailor the right risk plan so you can worry less about liabilities and concentrate on growing your business.