The terms that govern your use of our website and your engagement of our construction and development contract services.
These Terms and Conditions ("Terms") govern your use of the website located at brogandevelopmentcontractspty.site ("Site") and your engagement of any products or services provided by Brogan Development Contracts Pty Ltd (ABN 91 696 992 328 / ACN 696 992 328) ("Brogan Development", "we", "us", or "our").
By accessing our Site, requesting a quotation, or engaging our services, you ("you" or "Client") agree to be bound by these Terms. If you do not agree, please do not use our Site or engage our services.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including but not limited to the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law), the Building Act 2011 (WA), the Work Health and Safety Act 2020 (WA), and the National Construction Code.
You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:
Brogan Development Contracts provides construction management, civil and earthworks, site preparation and remediation, project consulting and feasibility, development contracting, and compliance and certification services. Service availability, specifications, and project timelines are subject to site conditions, regulatory approvals, and contractual agreement.
All construction work is carried out in compliance with the National Construction Code, the Building Act 2011 (WA), and the Work Health and Safety Act 2020 (WA). Building permits, certifications, and regulatory approvals are obtained as required by law.
Nothing on this Site constitutes engineering, legal, or financial advice. Content relating to construction services and project outcomes is general in nature and subject to formal contract terms.
All quotations are estimates only and subject to formal contract terms. A contract for services is formed only upon execution of a written agreement between Brogan Development and the Client.
We will use reasonable endeavours to complete projects within the timeframes set out in the executed contract, however construction timelines are estimates only and subject to site conditions, weather, regulatory approvals, and material availability. Risk in constructed works passes to the Client on practical completion. Title in materials and works remains with Brogan Development until full payment is received.
The Client must provide site access, approvals, and information as reasonably required to enable project progress.
All intellectual property rights in the content of the Site — including text, graphics, logos, trade marks, drawings, specifications, and software — are owned by or licensed to Brogan Development Contracts Pty Ltd. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.
Drawings, specifications, and design documents produced by Brogan Development in connection with a project remain our intellectual property unless expressly assigned in writing. Unauthorised reproduction or use of such documents is prohibited.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited.
Where our services are supplied to a consumer under the ACL, you may have consumer guarantees including that services are rendered with due care and skill, are fit for the specified purpose, and are supplied within a reasonable time.
To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited (at our election) to:
Brogan Development Contracts operates in compliance with the Work Health and Safety Act 2020 (WA) and all relevant regulations. Safe work method statements (SWMS) are prepared for high-risk construction work as required by the Work Health and Safety (Construction Work) Regulations.
Clients engaging our services agree to cooperate with WHS requirements, provide site-specific safety information, and ensure that their personnel and agents comply with applicable safety obligations on project sites.
Subject to clause 8 and to the fullest extent permitted by law:
You agree to indemnify, defend, and hold harmless Brogan Development Contracts, its directors, officers, employees, and agents from any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from:
Each party agrees to keep confidential all non-public information received from the other party in connection with a contract or engagement, and to use such information only for the purposes of that engagement. This obligation survives termination for a period of 3 years and does not apply to information that is or becomes publicly known other than through breach of this clause.
Either party may terminate a contract in accordance with the termination provisions set out in the executed written agreement. Upon termination:
We reserve the right to suspend or terminate access to the Site at any time without notice.
In the event of a dispute, the parties agree to:
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
We may update these Terms at any time by publishing the revised version on our Site. The revised Terms will be effective from the date of publication. Continued use of the Site or engagement of our services after changes are published constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
Failure by Brogan Development Contracts to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any executed construction or development contract and our Privacy Policy, constitute the entire agreement between you and Brogan Development Contracts with respect to your use of the Site and engagement of our services, superseding all prior agreements, representations, and understandings.
These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia (and any relevant appellate courts) for the resolution of any disputes arising under or in connection with these Terms.
For any questions regarding these Terms, please contact: