Draft construction-dispute pleadings or arbitration submissions
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Map 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.
- What the lawyer must review
- The 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.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes extracting and organising information and summarising source material. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Application for a debt recovery proceeding (QCAT Form 27) | Form | AI use Yellow | Link to QCAT Form 27, the application for a debt recovery proceeding under the Queensland Building and Construction Commission Act 1991. |
| Response and counter-application (QCAT Form 36) | Form | AI use Yellow | Link to QCAT Form 36. |
Signed-in accounts can read the full text of each one. All precedents.