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Building And Construction Law

Building And Construction Law

We know Building & Construction Law

Building & Construction Law

We provide specialist, tailored and timely legal advice in building and construction matters and this is in part due to partners of Salerno Law also having their own interests in construction firms both in Australia and overseas.

For example, Cliff is a Director of Scotland’s largest private civil engineering firm. As part of this role, Cliff is required to provide advice and guidance on all areas of the law as it pertains to a large business operating in the construction industry. This advice being provided on a weekly basis.

Our Building and Construction team brings a wealth of personal commercial as well as legal experience in areas such as insurance, personal injury, WorkCover prosecutions, environmental prosecutions, contract/commercial disputes, regulatory disputes, consumer law claims, business transactions (business sales and mergers/acquisitions) and commercial contracts.

We Can Help With

  • contract preparation and review
  • icensing matters
  • payment claims, responses and adjudication pursuant to the relevant State security of payments legislation
  • contractual disputes and variations, including liquidated damages claims
  • defect and rectification disputes
  • professional negligence, workers compensation and personal claims
  • safety and compliance issues
  • environmental and workplace prosecutions

Our Experience

Acted for a client by reviewing and advising on a QBCC land and building contract, and subsequently negotiating amendments with the builder.

Acted for a client who was in the business of renovating homes by drafting a custom renovation services agreement whereby the client would enter into partnership with home owners to renovate the property and then share in the sale proceeds of the property.

Acted for the client by providing pre-contract advice before entering into a WA building contract, and then reviewed and provided advice on the contract.

Appearing in Supreme Court proceedings for matters including contract payment claims, flood related claims, insurance claims, urgent interlocutory applications, personal injury claims, defective work claims and shareholder/directors disputes.

Our People

Cliff Savala

Managing Partner

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Matteo Salerno

Matteo Salerno

Director

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Lyn Harris

Conveyancing Manager

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Allison McKee

Senior Conveyancer

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Brooke McConchie

Senior Conveyancer

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Sally Dalgleish

Senior Conveyancer

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Naomi Perry

Corporate Manager | Business Relations

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Kate Flett

Corporate Manager | Human Resources

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Litigation and dispute resolution

Litigation within the agribusiness sector refers to legal disputes and court actions that arise in connection with agricultural operations. These cases often require in-depth understanding of both the legal system and the unique regulatory landscape of agriculture. Our firm has extensive experience with the full gamut of legal disputes such as:

The key areas that we can assist with include:

  • Contractual Issues: Disagreements often arise from contracts involving supply chains, land leases, share farming, agistment arrangements, partnerships, joint ventures, and various other commercial agreements typical in the agricultural industry.
  • Land Access and Compensation: Conflicts may occur over access to land for activities like mining, gas exploration, or infrastructure development, often involving compensation claims for landowners.
  • Workplace Disputes: Litigation may stem from matters such as wrongful termination, employment agreement breaches, or occupational health and safety concerns on farms or in agribusiness operations.
  • Environmental and Biosecurity: Disputes may be triggered by non-compliance with environmental regulations, pollution events, water contamination, animal and plant health including pest and disease control measures or debates surrounding water usage and rights.
  • Intellectual Property Rights: Conflicts might arise over ownership or use of agricultural intellectual property such as plant variety rights, trademarks, and other proprietary innovations.
  • Farm Succession and Inheritance: Disputes over the division of farming assets, family trusts, or the interpretation of wills often lead to litigation in the context of generational farm transfers.

Rural property acquisitions and sales

The purchase or sale of rural land involves a broad spectrum of legal considerations that require careful attention. Key issues often include legal access to the property, the existence of easements, water rights and entitlements, land zoning regulations, potential land contamination, and the impact of native title, mining interests, and cultural heritage protections. It is also essential to assess the tax implications of the transaction, particularly in relation to Goods and Services Tax (GST) and Capital Gains Tax (CGT).

Salerno Law has extensive experience navigating the complexities of rural property matters at local, national, and international levels. We provide comprehensive support throughout the entire transaction process—from initial due diligence and review of contractual documentation to stakeholder engagement and final settlement. Our goal is to ensure that every legal aspect is addressed thoroughly and efficiently, safeguarding your interests every step of the way.

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Acquisition and leveraged finance

Opportunities in a tightening market

Borrowers and lenders face increasing pressure as leveraged finance markets tighten in the face of higher interest rates, inflation and geopolitical uncertainty. To explore new opportunities at the outset of any deal, market participants require the support of experienced, detail-oriented advisers who understand the competitive and potentially complex nature of this sector.

Expert advisers with an innovative approach

Ashurst’s global leveraged finance team advises major financial institutions, private equity houses, alternative asset managers, mezzanine financiers and corporations. Leveraged finance is a core area of expertise for Ashurst. Our team has institutional knowledge across sponsors, credit funds and banks, which means we can streamline the process for you. We have experience in the full range of leveraged.