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Construction contract disputes and advice

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Construction contract disputes can arise in a number of different ways. What work is or isn’t included? Who should pay for any extra work; and how much? Who is responsible for delays or insurance?

We offer a full-service construction litigation practice. Our clients include property developers, builders and local authorities who seek our advice on construction contracts and construction disputes. We have also successfully defended surveying, engineering and architectural companies in actions brought against them for negligence.

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How we help you

Disputes often arise when the construction contract has not been reviewed properly by the parties prior to carrying out the work. Our construction law experts can advise you at every step in the process – helping you avoid problems before or after they arise. We specialise in:

  • Construction law advice and litigation
  • General contract law advice on major construction agreements and project developments
  • Preparing and defending building payment claims in the adjudication process
  • Defending and issuing proceedings for defective work
  • Preparing, lodging, enforcing and defending Sub-Contractor Charges claims
  • Taking action against the QBCC in the Queensland Civil and Administrative Tribunal (QCAT) in licensing disputes and directions to rectify
  • Defending professional building service companies in negligence claims
  • Providing advice to subcontractors and developers on how to proceed when a building company goes broke.
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What’s the first step?

Obtaining proper advice prior to entering into a contract can avoid difficulties by ensuring you are aware of your contractual responsibilities. If you’re already involved in a dispute, obtaining proper advice can usually help to limit the financial losses or other problems that might be created.

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Defective building work disputes

A major area of dispute is over defective building work.  This can often be complicated due to arguments over whether the:

  • Engineer or architect provided proper designs and advice
  • Supplier has supplied defective products
  • Subcontractor has carried out the works incorrectly
  • Builder has failed to give correct instructions.

These disputes can be costly and time-consuming due to the uncertainty over who’s responsible (it may be several parties) and what is affected.

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Building payment claims & sub-contractor charges

Cash flow is crucial in any construction business. Sometimes it becomes necessary to enforce your rights using a building payment claim.

If the builder you are working with runs into financial difficulty, as a subcontractor, you need to protect yourself by issuing subcontractors charges. While this does not guarantee payment, it does improve your prospects of being able to recover something from the developer or head contractor (versus most likely receiving nothing in liquidation).

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Plan your next move

Don’t let disputes get in the way of your business. Call us to discuss your options today.

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“Tony, I enjoyed working with you and found your advice very concise and easy to digest.”

Mrs B, Body Corporate Committee Member
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Don’t wait any longer to get the right advice

All of our lawyers are highly experienced in their area of law
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