Practice area

Construction & Infrastructure

Assess the contract, project records and applicable payment or dispute process together. Verify notices, time limits, variations and supporting quantities before relying on a draft claim or response.

Key facts

Tasks covered
31
Tasks with a step-by-step checklist
9
Local differences
2 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Construction & Infrastructure
TaskHow AI is usedHuman involvementWhat the lawyer must review
Prepare and check a progress-payment claim under the state security-of-payment ActChecklistStart this taskSee suggested levelsDraft a progress-payment claim structure from the schedule of rates or invoices, and list reference-date and endorsement points to confirm under the state Act.RedLawyer-led
  • Confirm the Act: NSW BCISP 1999, Vic SOP 2002, Qld BIF 2017, SA BCISOP 2009, ACT BCISP 2009
  • Confirm WA SOP Act 2021 (CCA 2004 for older contracts), NT or Tas as applicable
  • Check the reference date, service window and endorsement (NSW, Vic, Qld)
  • Diarise the schedule deadline in business days
  • NSW residential work from 20 August 2024: check s 8(2) bars unlicensed or uninsured contractors
  • Check amounts line by line
Draft the payment schedule and adjudication response under the state ActChecklistStart this taskSee suggested levelsDraft a payment schedule or adjudication application or response from the claim, the contract and the reasons on the file, mapping each disputed item to a document.RedLawyer-led
  • Lodge within the window: NSW s 17(3), 10 business days after receiving the schedule
  • NSW: 20 after the due date if a scheduled amount is unpaid; 10 after the s 17(2) period if none
  • Check the different Qld and WA windows
  • Confirm the ANA is approved and diarise the determination deadline
  • Attach every document
  • Cite only determinations and cases you have located
Review a construction contract against AS 4000, AS 2124, GC21, NEC4 or FIDICChecklistStart this taskSee suggested levelsCompare the draft to the named standard form, list departures on payment, variation, time-bar, risk and disputes, and flag whether the baseline is AS 4000:2025 or AS 4000-1997.YellowClose supervision
  • Confirm the version: AS 4000:2025 (June 2025) moves default disputes to litigation
  • Note AS 4000:2025 also updates PPSA, WHS and variation clauses
  • Flag bespoke departures and every time-bar
  • Decide whether each is a condition precedent (Peninsula Balmain v Abigroup (2002) 18 BCL 322)
  • Apply ACL unfair terms (contracts to $5 million, from 9 November 2023) and PPSA
Prepare a variation or extension-of-time claim from the site recordsStart this taskSee suggested levelsFrom the contract, site diaries, programmes and correspondence, draft a variation or EOT claim with a chronology, clause references and a list of missing records.YellowClose supervision
  • Check notice and time-bar clauses; missing them is fatal
  • Check the claim against the actual clause and contemporaneous records
Build a defects schedule and demand under the NSW DBPA, Home Building Act or Vic DBCAChecklistStart this taskSee suggested levelsTurn inspection reports into a defects schedule and draft demand, tagging each item to a report page and listing limitation facts needed under the applicable statute.YellowClose supervision
  • Apply DBPA s 37: non-delegable, no proportionate liability
  • Check Pafburn v The Owners – SP 84674 [2024] HCA 49
  • Note certifiers are outside the s 37 duty
  • Check limitation: DBPA 10-year long-stop; HBA major 6, minor 2 years; Vic DBCA 10 years
  • Class 2: check the strata building bond (rise from 2% to 3% deferred to 1 July 2028)
  • Check cladding schemes and the expert code
Prepare a delay-and-quantum issues table from the experts' draftsStart this taskSee suggested levelsFrom delay reports and cost files, table critical-path allegations, concurrent-delay arguments and quantum heads with document cites.YellowClose supervision
  • Decide causation and recoverable heads yourself
  • Do not let a generated table become the expert's opinion
Draft construction-dispute pleadings or arbitration submissionsStart this taskSee suggested levelsMap each issue in the lawyer's issues table to the clause, notice or variation the lawyer has cited for it and to the documents in the evidence index, and set that mapping out as a cross-reference table which flags every issue with no document behind it and every notice or condition precedent with no document showing it was given in time. The table is a working tool for the lawyer: where a Scott Schedule or particulars will be filed or served, the lawyer writes the entries. From the source documents, compile a strictly tabular, source-tagged chronology of the delay events, notices, directions and claims, each row dated and tagged to the document it is drawn from, in date order and not in the order the pleading or memorial will take. Check the lawyer's draft against the form of pleading and particulars under the court rules, the List Statement requirements of the Technology and Construction List, or the tribunal's procedural order, on exhibit numbering, paragraph numbering, formatting and page limits. The tool writes no part of the pleading, the particulars or the memorial: in this task the document states the client's case and makes its admissions when it is filed or served, and the Scott Schedule that carries the pleaded particulars item by item goes out as drawn.RedLawyer-ledThe lawyer drafts the pleading, the particulars or the memorial, settles each allegation against the contract and the evidence, and writes the entries in any Scott Schedule or particulars that will be filed or served. Verify every cite, confirm whether the dispute-resolution clause sends the claim to court or to arbitration, and confirm each notice and condition precedent pleaded is supported by a document on the file. Decide yourself whether any notice was given in time and whether any time bar applies. The certification is personal to you and the tool cannot carry any part of it: in Victoria, that there is a proper basis for each allegation, denial and non-admission; in New South Wales, that a claim for damages has reasonable prospects of success.
Review tender and procurement documents for risk allocationStart this taskSee suggested levelsCompare the tender conditions, proposed contract and scope against the client's risk list; produce an issues table on design risk, time, payment and liability.YellowClose supervision
  • Leave bid qualifications to the client as a commercial decision
  • Check mandatory government-procurement rules if the principal is a public body
Draft contract-administration notices from the clause and the factsStart this taskSee suggested levelsDraft notices (default, suspension, termination, superintendent directions) that follow the contract's notice clause, with a service checklist.YellowClose supervision
  • Check form, timing and who is authorised to issue the notice
  • Get it right; a defective notice can lose the right
Draft or review a design novation packageStart this taskSee suggested levelsFrom the consultant appointments and the proposed D&C contract, draft a novation deed and a table of warranties, IP and professional-indemnity issues.YellowClose supervision
  • Confirm the consultant's consent mechanics
  • Confirm design liability sits where the client intends
Review a PPP or alliance project deed for a bid or disputeStart this taskSee suggested levelsExtract payment, KPIs, change, termination, interface and dispute clauses into an issues table with clause references.YellowClose supervision
  • Read the deed itself; these deeds are fact-specific
  • Do not advise from a generated summary of a 400-page deed
Build a notice-compliance register from the contract and correspondenceStart this taskSee suggested levelsExtract every notice obligation (time bars, variation, EOT, delay, latent conditions) into a register with trigger, form, addressee and whether the file shows a notice.GreenLawyer review
  • Decide whether each notice was valid
  • Check time-bar compliance; missing it can kill a claim
Assemble and lodge the adjudication application within the statutory windowStart this taskSee suggested levelsBuild the item-by-item table of the payment claim against every reason for withholding in the payment schedule, index the contract, site records and payment history into the application bundle, and assist the lawyer with the submissions on entitlement under the lawyer's direction.YellowClose supervisionConfirm the triggering event and the last day of the window against the applicable Act, confirm the nominating authority or registry is the correct one, and check that nothing in the submissions goes beyond the claim as served.
Serve a payment withholding request or subcontractors' charge to reach money held upstreamStart this taskSee suggested levelsComplete the approved form's particulars from the subcontract and the payment records, build the schedule of work and amounts claimed, and check the claim date against the statutory window. The supporting statutory declaration and the qualified person's certificate are the client's and the certifier's own, and the tool writes nothing into them.YellowClose supervisionConfirm money is still owing up the chain, confirm the window has not closed, and advise the client what electing this remedy costs them before it is served.
Verify the head contractor's supporting statement before the payment claim is servedStart this taskSee suggested levelsIndex the subcontract ledger and payment records against the subcontractor list for the claim period, list every subcontractor whose payment status is unconfirmed, disputed or outside the period, and compare the statement the head contractor has signed against the required contents of the approved form. The tool writes nothing into the statement.RedLawyer-ledCheck the reconciliation against the actual accounts, confirm the signatory can properly make the declaration, and confirm the statement accompanies the claim and covers the correct period.
File the adjudication certificate as a judgment debt and set the recovery routeStart this taskSee suggested levelsReconcile the adjudicated amount against payments received to fix the unpaid balance, assemble the filing pack and covering material for the court, and draft the recovery step plan under the lawyer's direction. The affidavit of non-payment is the claimant's own sworn evidence and the tool writes nothing into it.YellowClose supervisionCheck the unpaid balance against the accounts, confirm the court's jurisdiction for the amount, and take the affidavit from the claimant yourself.
Build the project trust and retention money compliance register for the projectStart this taskSee suggested levelsDraft the register from the contract values, dates and retention terms, applying the threshold and account requirements of the applicable regime, and list the records and notices outstanding for each account.GreenLawyer reviewConfirm the contract values and the dates the thresholds were reached, confirm which contracts the regime actually catches, and advise on the consequence of an account that should have been opened and was not.
Build the statutory warranty and liability cut-off schedule for a residential building claimStart this taskSee suggested levelsExtract the completion, occupancy permit and certificate dates from the documents the lawyer identifies, tabulate each defect item from the inspection reports against the warranty period the lawyer has assigned to it, and flag every item whose source date is missing or inconsistent across the documents. The tool does not classify a defect or settle a date.RedLawyer-ledClassify each defect and fix the trigger date yourself against the primary document, then check every barred and near-barred item before advising.
Check a residential building contract and the builder's licence against the statutory requirementsStart this taskSee suggested levelsDraft the compliance schedule by comparing the contract clause by clause against the statutory requirements and the prescribed terms, list the mandatory terms that are absent or altered, and record the licence and insurance particulars against the work described.GreenLawyer reviewConfirm the work is residential building work and which contract provisions of the Act apply, check the licence and insurance against the register rather than against the contract, and advise on the enforceability consequence of each gap.
Compare an adjudication determination against the application and response for review groundsStart this taskSee suggested levelsCompare the determination paragraph by paragraph against the adjudication application and response, index where each claimed item and each reason for withholding was dealt with, list the items and submissions the determination does not address, and date the review or challenge window. The tool does not identify or draft the grounds.RedLawyer-ledIdentify the grounds yourself from the comparison, confirm the window and the correct forum, and settle whether the point is jurisdictional or an error within jurisdiction.
Draft a security-of-payment adjudication response from the site recordsStart this taskSee suggested levelsAustralia onlySource basis: General AI-use guidance applied to this area; no area-specific AI source found.Organise payment claim, schedule, contract and site diaries into a cited issues table.YellowClose supervisionVerify each date and reason against the record; reasons not in the payment schedule may be excluded.
Check AI-summarised delay and variation claims against the programmeStart this taskSee suggested levelsAustralia onlySource basis: General AI-use guidance applied to this area; no area-specific AI source found.Extract notices, dates and claimed EOT days into a table linked to source documents.YellowClose supervisionTest causation and notice compliance yourself.
Prepare a construction expert brief that addresses AI useStart this taskSee suggested levelsNew South Wales onlySource basis: Court-rule source applied to construction experts; no construction-specific AI source.Draft instructions requiring disclosure of any Gen AI use in the report.GreenLawyer reviewConfirm forum rules (e.g. NSW SC Gen 23, LEC note).
Summarise a construction contract's clauses in plain language for the clientChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyProduce a clause-by-clause plain-English summary from the executed contract.GreenLawyer reviewCheck each summary against the clause text; flag special conditions.
Flag non-standard clauses against the AS 4000/AS 11000 base formChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyCompare the amended contract with the standard form and list departures.YellowClose supervisionLawyer confirms each departure and its risk allocation.
Build a time-bar and notice-trigger table from the subcontractChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyExtract every notice clause, trigger and time limit with clause references.YellowClose supervisionVerify each time limit against the clause and SOPA overrides.
Draft a first-pass expert brief for a delay or quantum expertChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlyAssemble questions and document list from the issues table.YellowClose supervisionNo AI in the expert's report without leave (Federal Court GPN-AI; NSW SC Gen 23).
Prepare a site-diary search and summary for a variation disputeChecklistStart this taskSee suggested levelsWritten for AustraliaAustralia onlySearch diaries and correspondence for events tied to each variation.GreenLawyer reviewSpot-check every cited diary entry.
Check AI-drafted payment claims and schedules against the security-of-payment ActStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksCompare the claim or schedule content and timing against the statutory requirements.YellowClose supervisionLawyer confirms the statutory deadlines.
Index expert reports in a building disputeStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksIndex and cross-reference expert opinions by defect item.GreenLawyer reviewVerify against the reports.
Draft a variation-claim chronology from site correspondenceStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksBuild a dated chronology of directions and notices.GreenLawyer reviewCheck against source emails.

Firm-wide obligations

Firm-wide obligations
ObligationWhat it covers
Trust accounting & handling client moneyChecks that apply across files.
Costs, billing & litigation fundingChecks that apply across files.
Client-facing & access-to-justice AI toolsChecks that apply across files.
Incoming evidence — deepfakes & synthetic documentsChecks that apply across files.
AI decision systemsChecks that apply across files.
Confidentiality & client informationChecks that apply across files.
AML/CTF — the practice as a reporting entityChecks that apply across files.

Precedents for this area

All precedents for Construction & Infrastructure. Signed-in accounts can read the full text.

Related tools

Related jurisdictions