Construction & Litigation Lawyer 
ENQUIRE  SOLUTIONS

+61 401 019 635
arias-alvarez@eakin.com.au 

CONSTRUCTION | PROJECTS | COMMERCIAL LITIGATION

Hi, I'm Nelson

I am a construction lawyer based in Sydney.

I am an experienced commercial litigation, construction & projects lawyer based in Sydney.  I work with stakeholders in the New South Wales construction industry, delivering projects throughout the state. 

I provide advice at both the front-end and back-end of the project life cycle.

I have acted for a broad range of stakeholders in the construction industry and specialise in acting for principal contractors engaged in residential building projects, as well as subcontractors to tier 2 and tier 3 principal contractors.

WHAT I DO

Strategic, commercially sound, expert legal advice for the construction industry.

At the front-end, I provide advice in relation to risk management, insurance, development approvals, funding, procurement, tenders and WH&S compliance.  During project delivery and at the back-end, I advise on dispute prevention, ongoing contract management, defect claims and the effective and efficient resolution to disputes.

I also have an extensive commercial litigation background including corporate insolvency, bankruptcy, professional negligence, competition law, trade practices, corporations and significant property, equity and trusts litigation.

I have lectured in Law at Western Sydney University in commercial law, property law, equity and trusts, alternative dispute resolution, planning and environment law and administrative law.

Value Added Billing

Across the full range of services I provide, I offer the following billing arrangements:

  • fixed price services

  • capped cost billing

  • monthly retainer billing arrangements

While I am happy to charge for services on a "traditional" hourly rate basis, my preference is one of the above pricing models.  As an experienced lawyer I back myself and stick to the pricing and budgets which are agreed up-front.  I avoid "scope creep" and provide certainty in costing. 

I pride myself on a track record of delivering solutions which provide value to my clients’ projects and their business, and I work closely with clients to ensure I deliver cost-effective solutions.

WHO I WORK WITH

Sectors & Projects

I work with clients delivering projects in these major construction sectors.

I provide advice to all major stakeholders in the construction industry, including developers, principal contractors, subcontractors, homeowners, engineers, superintendents, manufacturers, architects and other consultants.

The expertise I offer covers the entire project lifecycle, from finance and site acquisition to leasing and sales, across a wide spectrum of construction projects – from major residential projects and infrastructure to commercial developments and fit outs, dual-occupancy residential developments and minor works projects.

Residential

Residential

Coming soon

Civil & Infrastructure

Civil & Infrastructure

Coming soon

Commercial

Commercial

Coming soon

Industrial

Industrial

Coming soon

simple, structured and effective solutions to complex challenges

Whole project life cycle approach

I understand the legal complexities experienced by stakeholders in construction projects and the need to identify and manage risk throughout the entire project life cycle.  I also understand that legal solutions need to be devised in a commercial context which balances risk management against the need to deliver projects on time and within budget.

To achieve this balance, I invest in getting to know and understand your project objectives and your wider business objectives.  I have a track record of delivering sound legal advice which meets the immediate and long-term commercial objectives of clients I work with.

Front-End

Procurement

I work closely with my clients in undertaking a robust risk analysis prior to the tender process and contract execution with the aim of anticipating and reducing the likelihood of disputes arising during project delivery and ensuring that risk is appropriately allocated.

I am often engaged at the project inception stage and at pre-tender review in relation to head contracts, sub-contracts and related commercial contracts.

I understand different contracting models employed in the industry and am experienced in ensuring contracting models meet acceptable risk profiles.

I can provide advice on structuring complex development projects through various corporate arrangements, as well as the sale or lease of completed projects.

Front-End

Contract Administration

Efficient and effective administration of contracts is a hallmark of successful project delivery.

I provide ongoing contract administration services and advice, assisting clients with managing the mechanics of construction contracts, compliance requirements and the related contractual paperwork.

Project Delivery

Risk Management & Dispute Resolution

My contract administration services include the early identification and management of disputes that arise during project delivery.

My focus is on resolving disputes as early as possible.

Where early resolution does not align to my client’s objectives or is otherwise not possible, I am can navigate through the complicated dispute resolution procedures in the construction industry such as mediation, arbitration, expert determination and if necessary, providing representation in various courts and Tribunals.

Licensing

Compliance

The construction industry is highly regulated.

From the identification of licences and insurances requirements to compliance and understanding of rights and obligations under the Home Warranty Insurance Scheme, Home Building Act, Design and Building Practitioners Act, Residential Apartment Buildings (Compliance and Enforcement Powers) Act and the Strata Schemes Management Act 2015, I can assist clients in all areas of compliance.

Litigation

Defended Defect Claims and Post-Completion Disputes

I recognise that the risk for stakeholders in a construction project extends beyond project completion.

The period of post-completion risk is significant, particularly given the limited ability for builders and other affected stakeholders to control or manage that risk.

I work with clients taking a proactive approach to risk management post-completion in order to avoid or minimise disputes, particularly in the context of defect claims in respect of residential building work.

Where disputes are unavoidable, I advise on the appropriate strategies to minimise liability, business disruption and costs associated with resolving disputes.

Litigation

Building and Construction Industry Security of Payment  

I am an expert in prosecuting and defending claims under the security of payment legislation across all Australian jurisdictions.

I am also experienced in negotiating settlement of claims within the confines of the fast-paced framework set up by the legislation.

If necessary, I can also advise and manage applications to challenge adjudication determinations.

Litigation

Administrations & Insolvency

I have extensive experience in corporate insolvency and bankruptcy and have established strong relationships with insolvency practitioners and members of the Bar who specialise not only in insolvency matters but in the construction industry.

These two spheres of expertise place me in a strong and unique position to advise insolvency practitioners on their administration of distressed entities which trade, or were involved in trading, in the construction industry.

I understand the underlying construction context in which insolvency practitioners need to discharge their obligations when managing these often-complex appointments.

I am uniquely positioned to advise the directors of companies engaged in the building and construction industry in the event of their own financial distress.

Litigation

Workplace Relations

Consistent with my “whole project” approach, I have the expertise to advise on the identification and management of risk in workplace relations specific to construction projects.

I provide advice in respect of work health and safety issues (both in the policy as well as the prosecution segments), workplace management (including labour hire) and staffing issues, enterprise bargaining, investigations into workplace conduct and safe work requirements.

SYDNEY | NEWCASTLE | PORT STEPHENS | CENTRAL COAST | WOLLONGONG | ILLAWARRA

Get in touch with me, I'll come to you ...

If I cannot assist you over the phone or via videoconference, or if you so prefer, I will come to see you at a time and place which suits you.
Name E-mail Message Submit