The work of demolition and earthmoving, like road-making and other civil engineering works are in a field of their own.
The bulk quantities, the unknown factors below ground and in the skies above make the civil contractor field a risk worth taking since no one else is any better placed than the experienced operator to calculate the chances of getting out without soft ground and with a profit.
But civils' contracts call for schedule of rates which often do not accurately reflect the way the job turns out on the ground. A modern contract is moreover much longer than it used to be in the 'handshake' days. Hidden in it - and usually down the back in Schedules are the terms which incorporate the geotechnical information which binds the contractor to an unsatisfactory outcome. Too many times the estimator has not read through the fine print in these reports and the management have to live with the result.
On the brighter side however with experienced construction lawyers it may be possible to show that a Bill is not part of the contract, that a schedule of rates does cover the field and that a variation should be allowed in relation to unexpected or unreasonable changes in the scope and timing of a project.
Again most industry members reliant upon large scale loans and leasing finance for their expensive equipment hope to hire the machines when they're not working for the boss. It can be useful to discuss the nature of such hire contracts with us to ensure that gear comes back and doesn't - for example - fall into the hands of an administrator or liquidator.
Occupational health and safety, as with Workcover generally, can be assisted with confidential, professional, advice. You would be amazed what we can sometimes achieve: no guarantees though!!
For the contractor with machines and backup committed to a particular location it is often significant to profits to acquire all the work in an area. We can advise you on tender preparation, non-conforming tenders and challenging tenders which you should have got, but didn't. The advice may not always get you back on the job but it usually saves your self-respect and may help get you the new job.
But a good lawyer can limit the effects of the trouble you get yourself into - the impact of the EPA and of environmental regulation as a whole, like asbestos removal - are always good times to ring your construction lawyer for advice based upon long experience and specialization in this field of law.In your field, your machine spec. and your operator competence define what's possible - you should remember this next time you think of calling a solicitor.
