Specialist Construction Litigation and Security of Payment Role – Strong Legal Drafting Skills Essential

About the Opportunity

Following its successful establishment and rapid growth, Guardian Construction Law is seeking an experienced Construction Law Solicitor with approximately 3–5 years’ post-admission experience (PAE) to join its Sydney practice and contribute to its growing portfolio of construction law and dispute resolution matters. This is a specialist legal position suited to a solicitor who has developed strong practical experience in Security of Payment legislation, adjudications and construction litigation/dispute resolution, and who possesses exceptional legal drafting, analytical and evidentiary skills.

We are particularly interested in candidates who can take ownership of complex drafting assignments, critically analyse extensive contractual and project documentation, identify the relevant legal and factual issues, and prepare detailed, persuasive and legally sound submissions and court documents.

This is predominantly a back-end, technically focused legal role. The successful candidate will spend a significant proportion of their time undertaking substantive legal drafting, reviewing evidence, conducting legal research and preparing complex adjudication and litigation documents.

We are not seeking a generalist solicitor or contract administrator. We are looking for a construction law practitioner with genuine hands-on experience in the preparation of adjudication applications, adjudication responses and court proceedings.

Key Responsibilities

Security of Payment and Adjudications

- Independently preparing detailed, comprehensive and persuasive adjudication applications and adjudication responses under Australian Security of Payment legislation.
- Reviewing, analysing and drafting payment claims and payment schedules, with a thorough understanding of the statutory requirements, jurisdictional issues, procedural requirements and legal consequences of the positions adopted.
- Identifying and addressing complex issues concerning the validity of payment claims, reference dates or statutory entitlements where applicable, service requirements, statutory time limits, jurisdictional objections and the scope of permissible adjudication submissions.
- Preparing detailed submissions concerning disputed variations, extensions of time, delay costs, disruption, contractual entitlements, set-offs and other construction-related claims.
- Critically analysing payment schedules and adjudication responses to identify factual inconsistencies, evidentiary deficiencies, contractual issues and legal arguments.
- Reviewing extensive construction project records, correspondence, contracts, programmes and supporting documentation to prepare properly substantiated claims and responses.
- Undertaking detailed legal research and applying relevant legislation and case law to complex adjudication issues.

Construction Litigation and Dispute Resolution

- Drafting detailed statements of claim, defences, replies, interlocutory applications and other court pleadings in construction-related disputes.
- Preparing comprehensive affidavits and witness statements, including identifying the evidence necessary to establish each material fact and support the legal position advanced.
- Analysing documentary evidence, identifying evidentiary gaps and preparing clear, accurate and properly structured factual chronologies.
- Drafting submissions, notices of motion, supporting affidavits and other documents required in contested court applications.
- Assisting with proceedings concerning the enforcement of adjudication determinations, statutory debt recovery, judicial review and other construction litigation.
- Preparing briefs to counsel and assisting with the preparation of matters for interlocutory hearings and final hearings.
- Conducting legal research concerning construction contracts, statutory remedies,



civil procedure and relevant case law.

Legal Analysis and Drafting

- Preparing clear, detailed and legally persuasive written advice and submissions.
- Interpreting complex construction contracts and identifying relevant contractual rights, obligations, notice requirements and dispute resolution provisions.
- Developing coherent legal arguments supported by contemporaneous evidence, contractual provisions and applicable legal authorities.
- Identifying weaknesses in factual and legal positions and determining what additional evidence is required.
- Producing high-quality legal documents with strong attention to accuracy, structure, detail and consistency.

Essential Requirements Applicants must satisfy the following requirements:

- Admission as a solicitor in an Australian jurisdiction and a current Australian practising certificate, with eligibility to practise in New South Wales.
- Approximately 3–5 years' post-admission experience, with substantial experience in construction law, Security of Payment and construction-related disputes.
- A comprehensive working knowledge of Australian Security of Payment legislation, particularly the Building and Construction Industry Security of Payment Act 1999 (NSW), including its procedural requirements and relevant case law.
- Demonstrated experience personally drafting substantive adjudication applications and adjudication responses, rather than merely assisting with their preparation or reviewing documents prepared by others.
- A detailed understanding of the legal and strategic considerations involved in preparing payment claims and payment schedules, including the importance of statutory compliance and the consequences of omissions, admissions and jurisdictional issues.
- Practical experience in construction litigation, including drafting pleadings, affidavits, witness statements and court applications.
- Exceptional written advocacy and legal drafting skills, with the ability to prepare comprehensive, logically structured and evidence-based submissions.
- Strong legal research and analytical skills, including the ability to identify and apply relevant authorities.
- The ability to independently manage substantial drafting assignments, work through large volumes of documents and meet strict statutory and court deadlines.
- Meticulous attention to detail and a sound understanding of evidentiary requirements.

Highly Regarded Experience Experience in the following areas will be advantageous:

- Acting for contractors, subcontractors or principals in complex construction disputes.
- Preparing adjudication applications and responses involving substantial disputed amounts and complex contractual or jurisdictional issues.
- Security of Payment litigation, including enforcement proceedings and judicial review applications.
- Drafting evidence and submissions for interlocutory applications, including stays of enforcement, injunctions and security for costs.
- Experience across Security of Payment regimes in multiple Australian jurisdictions.
- Working with technical construction evidence, including programming, delay, disruption, variations and quantum assessments.
- Advanced computer literacy and proficiency in artificial intelligence (AI) technologies, particularly the use of AI-powered tools for legal research, document analysis, legal drafting and the preparation of complex submissions.
- Demonstrated ability to leverage emerging technologies to improve efficiency, accuracy and productivity while maintaining professional standards,



confidentiality and independent legal judgment.

Guardian Construction Law is at the forefront of integrating AI and advanced technology within the legal and construction industries. Accordingly, preference will be given to candidates who demonstrate exceptional technological capabilities, practical experience with AI-assisted legal workflows and a proactive approach to adopting innovative technologies in legal practice. The Type of Solicitor We Are Looking For The successful candidate will be someone who:

- Enjoys the technical and intellectual challenges of construction law and dispute resolution.
- Has a genuine interest in detailed legal drafting, evidence analysis and written advocacy.
- Can distinguish between factual assertions, admissible evidence and legal conclusions.
- Understands that effective adjudication and litigation submissions require more than reproducing contractual provisions or summarising correspondence.
- Can identify the critical issues in a complex dispute and develop a compelling, properly substantiated legal position.
- Is comfortable working independently on complex documents while collaborating with senior practitioners and technical specialists.
- Takes pride in producing accurate, comprehensive and carefully reasoned legal work.

This position is particularly suited to a solicitor who prefers substantive legal work, complex drafting and litigation preparation over business development, networking or predominantly client-facing responsibilities. What We Offer

- The opportunity to work on complex, high-value construction disputes and adjudications.
- Exposure to challenging legal and jurisdictional issues across Australian construction projects.
- Direct involvement in substantial adjudication applications, court proceedings and dispute resolution matters.
- The prospect to work closely with experienced construction law practitioners and construction industry specialists.
- A role offering genuine responsibility and the opportunity to develop advanced legal drafting and litigation skills.

- Industry-Leading AI Training and Professional Development – Our team receives ongoing specialist training and mentoring from some of Australia's leading experts in construction-focused artificial intelligence and emerging technologies. As an early adopter of advanced AI solutions within the legal and construction industries, Guardian Construction Law provides its employees with a unique opportunity to develop highly sought-after skills in AI-assisted legal research, drafting, evidence analysis and complex dispute resolution. This investment in our people is designed to place them at the forefront of technological developments in legal practice, providing a significant competitive advantage and positioning them to be years ahead of their peers in an increasingly AI-driven profession.

- Competitive remuneration commensurate with experience and demonstrated capability.
- A professional, collaborative and technologically progressive working environment focused on excellence in legal practice, innovation and the delivery of high-quality legal work.

How to Apply

Please submit your CV and a covering letter outlining your experience in:

1. Preparing adjudication applications and adjudication responses under Security of Payment legislation.
2. Drafting payment claims and payment schedules, including addressing complex statutory or jurisdictional issues.
3. Drafting court pleadings, affidavits and other litigation documents in construction-related proceedings.

Shortlisted candidates may be asked to complete a practical legal drafting assessment to demonstrate their ability to analyse construction disputes, identify relevant legal and evidentiary issues and prepare structured legal submissions. Applications will be considered from solicitors who can demonstrate the specialist construction law experience and drafting capabilities required for this role.

📌 Construction Litigation & Security of Payment Solicitor (3–5 Years PQE) (North Sydney)
🏢 Contract and Commercial Resources
📍 North Sydney