Property Development Lawyers in Melbourne
Property development projects can take years, from site acquisition to final sale, and legal decisions made early can affect the risks carried throughout the project. As property development lawyers in Melbourne, Oldham Construction Lawyers advise developers, builders, investors, financiers, vendors and purchasers on site acquisitions, contracts and development-related legal matters across Victoria.
Property, construction and contract law often overlap during a development. Our experience across these areas, including litigation, allows us to consider how contracts of sale, building contracts and project timelines affect one another, helping clients identify and manage legal risks during construction and sales.
Legal Advice for Property Development Projects
Most developments raise legal questions in more than one area. We advise on issues involving:
- Property transactions, including site acquisitions
- Sale of land contracts, including off-the-plan sales
- Due diligence on development sites and transactions
- Building and construction matters
- Subdivision and Owners Corporation issues
- Disputes that arise during or after the development
These issues are often connected. Construction delays can affect off-the-plan settlement dates and raise contractual issues, including those involving sunset clauses. Decisions made when preparing a plan of subdivision can affect the Owners Corporation and lot owners long after the project is completed.
We practise across all of these areas, so our property development lawyers can advise with the whole project in view.
Development Contracts and Due Diligence
Contracts entered into at the start of a development establish the terms that govern the project. We advise developers, vendors and purchasers on contracts of sale and how their terms may operate as the project progresses. Our Principal, Daniel Oldham, has more than 30 years of experience and provides front-end risk management advice on contracts of sale and building contracts.
Before you commit to purchasing a site or entering into another significant property arrangement, we review the legal risks and explain your potential exposure. Clear advice at this stage can help you negotiate more favourable terms, include appropriate protections or decide not to proceed.
For investors considering major commercial property acquisitions, our commercial property development lawyers can assist with legal due diligence. We review contracts and relevant transaction documents, assess contractual obligations and identify legal risks before clients enter into significant property agreements.
Resolving Property Development Disputes
Even a carefully planned development can encounter difficulties. Settlements may fail to proceed, contractual terms may be disputed and construction delays can put off-the-plan sales at risk. When disputes arise, we work to resolve them through negotiation, mediation or litigation, as appropriate.
Our work in this area includes sale of land contract disputes, off-the-plan disputes and other development-related litigation.
Our experience includes significant Victorian property and construction disputes, including Mirvac (Docklands) Pty Ltd v Philp (2004) and Burbank Australia Pty Ltd v Owners Corporation (2015).
Why Choose Oldham Construction Lawyers for Property Development Matters
Our practice combines property, construction and litigation experience, allowing us to consider legal issues that may arise throughout a development project. Delays, defects and disputes with builders can have consequences under related contracts, and we advise with those connections in mind.
Led by Principal Daniel Oldham, who has more than 30 years of experience, our firm advises on property and construction contracts, development-related legal risks and disputes. Our transactional and litigation experience helps us assess legal issues at different stages of a development.
We assist with early contractual advice as well as disputes arising during or after a development.
Speak to a Property Development Lawyer
Developers, builders, investors and other stakeholders can contact us about development-related legal matters, from contractual questions to disputes already underway. Our property development lawyers in Melbourne provide clear advice on legal risks and practical options for the next steps.
Speak to a property development lawyer at Oldham Construction Lawyers on (03) 9640 0002 or email info@oclawyers.com.au.
FAQs
Ideally, you should seek advice before signing any significant contract connected to the development. This includes contracts to purchase a development site, sell completed lots or undertake building works. A property development lawyer can identify potential issues while contractual terms can still be negotiated. You should also seek advice promptly if a legal issue arises during the project, such as a disputed term or delayed settlement.
Our lawyers can assist investors and developers with legal due diligence on major property transactions. This includes reviewing contracts and relevant supporting documents to identify legal obligations and risks that should be considered before proceeding. Our advice helps you make informed decisions about the transaction and its terms.
We can act for you in negotiations, mediation or litigation, depending on the circumstances and your objectives. Our experience includes off-the-plan disputes, including Mirvac (Docklands) Pty Ltd v Philp (2004). Where possible, we aim to resolve matters early and minimise disruption to the project.