Building and Construction Disputes

Bennett & Philp Lawyers have represented clients in the construction industry for many years. Our focus is on providing the firm's construction clients with practical, commercial solutions in what are often complex and protracted situations with multiple parties and conflicts. 

Our Construction Team provide advice and litigaton services across a range of disputed construction matters. We provide advice to:

  • commercial construction companies;
  • property developers;
  • builders;
  • subcontractors;
  • engineers, architects, town planners and other professionals;
  • project managers;
  • trade suppliers;
  • financiers, and
  • construction accountancy firms.

 We focus on client requirements in the broad areas of infrastructure (social and economic), procurement and project delivery, property development, energy and resources, dispute resolution and prevention, contract administration, and legislative and regulatory requirements.

Our team delivers comprehensive advice on construction and infrastructure development, particularly in project delivery models (including relationship-based and collaborative models), traditional procurement methods, and risk management strategies. Our clients represent the leading participants at all stages of the project lifecycle – developers, principals, financiers and investors, and a number of state governments and agencies.

With more than 30 years’ experience advising businesses in the sector, we thoroughly understand the complexities of the construction and infrastructure industries. We apply this knowledge to provide innovative and practical solutions, delivering the best commercial outcomes for our clients.

  • Construction contracts and contractual advice;
  • Contractual disputes;
  • Lodging and defending adjudication claims and responses under the Building and Payments Act;
  • Obtaining Judgments under the Building and Payments Act;
  • Defending and issuing proceedings for defective work;
  • Preparing and lodging Subcontractors' Charges claims;
  • Court proceedings to enforcing Subcontractors' Charges;
  • Acting for property developers, builders or other principals in defending Subcontractor’s Charges proceedings;
  • Taking action against the Qyeensland Building and Construction Commission (QBCC) in the Queensland Civil and Administrative Tribunal  (QCAT) in licensing disputes and directions to rectify, and,
  • Defending proceedings brought against professional service companies for negligence. We have successfully defended surveying, engineering and architectural companies.

Our Experience:

  • Acting for local councils and government bodies in roadwork construction disputes involving sums over $1 million;
  • Advising builders, developers, subcontractors, bankers and financial institutions in dealing with insolvent trading matters during construction;
  • Preparing tri partite building contract agreements between administrators, developers and bankers when a builder goes into administration during construction; 
  • Conducting contested building adjudication claims for large construction and development projects;
  • Preparing upfront contractual advice including setting out appropriate terms and conditions;
  • Defending claims brought against large engineering companies and architects for alleged negligence and defective work, and,
  • Our Building and Construction Law Team has acted in a number of high profile cases against the QBCC. We have successfully contested directions to rectify issued against builders, as well as, in cases of QBCC attempting to cancel building licenses.

Do you have a building and construction dispute? - Take advantage of our experience and contact us today.