Helen Amanatiadis JS Mueller & Co Lawyers specialising in Strata Law Accredited Commercial Litigator Building and Construction

Helen Amanatiadis

LAWYER I LLB LLM I Accredited Specialist Commercial Litigation, Building and Construction Law

Helen is admitted as a practitioner of the Supreme Court of NSW and High Court of Australia and has close to 20 years of experience in commercial dispute resolution, with a primary focus on building and construction and strata law.

Highly qualified Helen is also an Accredited Specialist in Commercial Litigation, Building and Construction Law. An accreditation provided by the NSW Law Society recognising lawyers who are experts in their area of law.

Her significant experience in handling complex construction disputes, including Supreme Court litigation and arbitration Helen has assisted clients with construction disputes for most of her career.

She has provided advice on all stages of a construction project, including contract terms, drafting and negotiation, advising on project risks, design liability, contract administration and contract notices, dispute management and resolution, and she has thorough working knowledge of the Security of Payment legislation, case law and process.

Her clients have included various contractors, principals, developers, subcontractors, designers, a statutory corporation, ASX and international companies, international property investors and strata firms across NSW.

Her experience in strata includes:

■ Assisting owners corporations negotiate building contracts

■ Preparing payment schedules and adjudication responses under the Building & Construction Industry Security of Payment Act for owners corporations involved in having construction work carried out

■ Acting in relation to building contract disputes and defects disputes, including insurance claims under the Home Building Compensation Fund

■ Advising on various strata related disputes that arise within a strata scheme

■ Assisting owners corporations negotiate various easements and compulsory acquisitions

■ Drafting, reviewing and consolidating by-laws

As a result of her extensive experience in strata, commercial and construction law, she is able to provide strategic and timely advice to clients at all stages of a project. Helen is committed to achieving commercial results for clients.

■ Negotiated electrical consultancy contract on multi-million dollar NSW port redevelopment project, while minimising key risk exposure for client in relation to proportionate liability in respect of design and related insurance risks.

■ Achieved excellent commercial outcome for developer client in mediation regarding a complex building and development dispute arising out of an alleged indemnity on an untested contentious point of law in which a deed of release purported to give up statutory warranties.

■ Obtained an indemnity costs order for a construction company in a dispute that settled with costs to be determined by the court by establishing that the client would have been successful in a hearing.

■ Advised client in relation to insurance cover denial and was successful in making submissions to the insurer to provide cover on a project deemed to be high risk.

■ Resolved dispute with adjoining property owner regarding structural integrity of retaining wall in a commercial development owned by a Hong Kong investor.

■ Successful in obtaining summary judgment under the security of payment legislation for a claimant where no payment schedule is served.

■ When acting for a respondent, regularly prevented a claimant’s attempt to obtain summary judgment under the security of payment legislation.

■ Building Bonds and Inspection Reports - The New Regime (2018)

■ How to Establish a Major Building Defect (2019)

■ Building Defects - The Top 3 Before Your Home Warranty Insurance Expires (2019)

■ When do You Give the Builder Access to Rectify Defects? (2019)

■ Cladding and the Warranty Period – How Can You Minimise Your Risk? (2019)

■ New ‘Duty of Care’ Law makes all participants in building work responsible for fixing defects

Published Media

■ How to Establish a Major Building Defect - LookUpStrata

■ How to Establish a Major Building Defect - Property Observer

■ How to Establish a Major Building Defect - The Central Strata Times

■ When do You Give the Builder Access to Rectify Defects? - LookUpStrata

■ Cladding and the Warranty Period – How Can You Minimise Your Risk? - LookUpStrata

■ New ‘Duty of Care’ Law makes all participants in building work responsible for fixing defects - Real Estate Institute NSW (REINSW)

■ New ‘Duty of Care’ Law makes all participants in building work responsible for fixing defects - LookUpStrata