Building & Construction Contract Disputes2024-10-14T13:47:56+00:00

BUILDING & CONSTRUCTION CONTRACT DISPUTES

Every Move Matters

Litigation Lawyers Sunshine Coast

Every – Move – matters

Building & Construction Contract Disputes

Disputes arising from building and construction contracts can have profound implications for your business operations or your living arrangements. For businesses in the building and construction industry, such disputes can lead to significant financial strain, project delays, and reputational damage, potentially jeopardising future contracts. Conversely, for property owners, conflicts can result in costly overruns, substandard work, or an inhabitable property, deeply affecting your quality of life and financial security.

In the face of such disputes, Axia Litigation Lawyers stands as a pillar of support for clients on either side of the construction contract divide. Our legal team, with its commanding expertise in Queensland and Australian construction law, is well-equipped to navigate the complex landscape of these disputes. We provide strategic legal advice and representation tailored to the unique circumstances of each case, whether you are a property developer, head contractor, subcontractor or property owner. Our approach is designed to assert your rights effectively, mitigate risks, and facilitate a resolution that aligns with your commercial objectives or personal interests.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support

Every – Move – matters

Building & Construction Contract Disputes

Disputes arising from building and construction contracts can have profound implications for your business operations or your living arrangements. For businesses in the building and construction industry, such disputes can lead to significant financial strain, project delays, and reputational damage, potentially jeopardising future contracts. Conversely, for property owners, conflicts can result in costly overruns, substandard work, or an inhabitable property, deeply affecting your quality of life and financial security.

In the face of such disputes, Axia Litigation Lawyers stands as a pillar of support for clients on either side of the construction contract divide. Our legal team, with its commanding expertise in Queensland and Australian construction law, is well-equipped to navigate the complex landscape of these disputes. We provide strategic legal advice and representation tailored to the unique circumstances of each case, whether you are a property developer, head contractor, subcontractor or property owner. Our approach is designed to assert your rights effectively, mitigate risks, and facilitate a resolution that aligns with your commercial objectives or personal interests.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support
Contract Clarity

Ensuring terms and conditions are clear.

QBCC Representation

Support with QBCC compliance and disputes.

Legal Representation

Advocate for your interests in all legal matters.

Mediation Expertise

Resolve conflicts amicably through mediation.

Every – Move – Matters

how Axia Can Help With Building or Construction Contract Disputes

Axia Litigation Lawyers provide comprehensive legal assistance to clients involved in building and construction contract disputes through a multifaceted approach grounded in our extensive knowledge of construction law and commercial litigation. Here is an outline of the services we offer:

We meticulously examine the terms of the building or construction contract to identify any breaches, ambiguities, or areas of non-compliance by any party. This initial step is crucial for understanding the strengths and weaknesses of the client’s position in the dispute.

We provide informed advice on legal remedies available in building and construction disputes, including damages, specific performance, or termination of the contract. Our guidance is grounded in the latest legal precedents and the provisions of the Queensland Building and Construction Commission Act 1991, among other relevant legislation.

Axia Litigation Lawyers effectively manage building and construction contract disputes through targeted negotiation and mediation. We craft strategies to achieve fair settlements, avoiding court costs, and ensure that outcomes are precise and legally binding.

We strive to resolve building or construction contract disputes through negotiation and alternative dispute resolution methods such as mediation or arbitration. These methods aim to achieve a satisfactory outcome without the need for litigation, offering a cost-effective and time-saving solution for our clients.

We ensure that our clients are fully informed about their rights and obligations under relevant construction codes, Australian Standards, and statutory requirements. This helps in mitigating the risk of future disputes and ensures compliance throughout the project.

When necessary, we are prepared to vigorously represent our clients’ interests in court regarding building or construction contract disputes. This includes preparing pleadings, gathering evidence, engaging expert witnesses, and presenting a compelling case on behalf of the client.

We assist in preparing claims related to building or construction contract disputes, such as extensions of time, variations, liquidated damages, and other relief under the contract. We also formulate robust defences against any claims made by the opposing party.

When a favorable judgment or award is obtained in a building or construction contract dispute, we assist in the enforcement process to ensure that our clients receive the full benefit of the decision.

We provide continuous legal support throughout the construction project to prevent disputes from arising and to ensure that our clients are legally protected at every stage.

  • Contract Review and Analysis

  • Strategic Advice

  • Negotiation and Mediation

  • Dispute Resolution

  • Compliance and Regulatory Advice

  • Litigation

  • Claims & Defences

  • Enforcement of Judgments

  • Ongoing Support
Contract Review and Analysis
We meticulously examine the terms of the building or construction contract to identify any breaches, ambiguities, or areas of non-compliance by any party. This initial step is crucial for understanding the strengths and weaknesses of the client’s position in the dispute.
Strategic Advice
We provide informed advice on legal remedies available in building and construction disputes, including damages, specific performance, or termination of the contract. Our guidance is grounded in the latest legal precedents and the provisions of the Queensland Building and Construction Commission Act 1991, among other relevant legislation.
Negotiation and Mediation
Axia Litigation Lawyers effectively manage building and construction contract disputes through targeted negotiation and mediation. We craft strategies to achieve fair settlements, avoiding court costs, and ensure that outcomes are precise and legally binding.
Dispute Resolution
We strive to resolve building or construction contract disputes through negotiation and alternative dispute resolution methods such as mediation or arbitration. These methods aim to achieve a satisfactory outcome without the need for litigation, offering a cost-effective and time-saving solution for our clients.
Compliance and Regulatory Advice
We ensure that our clients are fully informed about their rights and obligations under relevant construction codes, Australian Standards, and statutory requirements. This helps in mitigating the risk of future disputes and ensures compliance throughout the project.
Litigation
When necessary, we are prepared to vigorously represent our clients' interests in court regarding building or construction contract disputes. This includes preparing pleadings, gathering evidence, engaging expert witnesses, and presenting a compelling case on behalf of the client.
Claims & Defences
We assist in preparing claims related to building or construction contract disputes, such as extensions of time, variations, liquidated damages, and other relief under the contract. We also formulate robust defences against any claims made by the opposing party.
Enforcement of Judgements
When a favorable judgment or award is obtained in a building or construction contract dispute, we assist in the enforcement process to ensure that our clients receive the full benefit of the decision.
Ongoing Support
We provide continuous legal support throughout the construction project to prevent disputes from arising and to ensure that our clients are legally protected at every stage.

Over 75 Years of Combined Experience

Meet Our Expert Team

Axia Litigation Lawyers provide exceptional service and peace of mind for their clients. Based on the Sunshine Coast, Queensland, the Axia team services clients throughout Australia and abroad.

Adam Brown

Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation and Dispute Resolution for over…..

Deneil Brown, Chief Operating Officer, Axia Litigation Lawyers
Deneil Brown

Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across practice management, accounts and paralegal…

Nakita Brown, Senior Associate, Axia Litigation Lawyers
Nakita Brown

Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge to the table. She spent her early career…

Shane Ulyatt, Senior Associate, Axia Litigation Lawyers
Shane Ulyatt

Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly handles a broad spectrum of legal matters…

Sam nelson

Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes, commercial and retail shop lease matters ….

Adam Brown
Adam Brown
Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation…..

Deneil Brown
Deneil Brown
Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across…

Nakita Brown
Nakita Brown
Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge…

Shane Ulyatt
Shane Ulyatt
Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly…

Sam Nelson
Sam Nelson
Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes…

Every Move Matters

Support in Building and Construction Contract Disputes

At Axia Litigation Lawyers, we understand that building and construction contract disputes can arise from various perspectives. Whether you are a property owner, residential builder, commercial builder, or developer, we provide tailored legal solutions to address your unique needs. Our team adeptly represents clients on both sides of disputes, ensuring fair and effective outcomes through comprehensive legal strategies

Building or renovating a home is a significant investment, and ensuring your project complies with legal standards is essential. Axia Litigation Lawyers offers expert legal services to protect your interests throughout the process.

  • Contract Review and Compliance: We review your construction contract to ensure fairness, compliance with legislation like the Queensland Building and Construction Commission Act 1991 (QBCC Act), and protection of your rights.
  • Dispute Resolution: We resolve disputes over defects, delays, or contract breaches through negotiation or mediation, aiming to avoid costly litigation.
  • Construction Defects: If your project faces defects, we can prepare claims, enforce rectifications, and ensure contractors comply with their obligations.
  • QBCC Representation: We assist with QBCC matters, including directions to rectify and compliance notices, ensuring your legal interests are safeguarded.
  • Claims and Enforcement: We enforce claims for delays, defects, and financial losses, taking legal action when necessary to protect your investment.

For expert legal support on your building or renovation project, contact Axia Litigation Lawyers.

For commercial property owners, building or renovating involves substantial financial commitments and legal complexities. Ensuring that your contracts are comprehensive, compliant, and that your project proceeds smoothly is essential to protecting your investment. Axia Litigation Lawyers offers tailored legal services to support commercial property owners through every stage of their construction projects. Our services include:

  • Contract Review and Compliance: We conduct thorough reviews of your construction contracts to ensure they align with industry standards, comply with relevant legislation, and protect your commercial interests. We ensure adherence to laws such as the Queensland Building and Construction Commission Act 1991 and the Building Industry Fairness (Security of Payment) Act 2017.
  • Negotiations and Dispute Resolution: Should disputes arise during the course of your project, we work to resolve them through negotiation and mediation, minimising disruption and focusing on mutually beneficial outcomes. Our goal is to resolve issues efficiently without the need for costly court proceedings.
  • Claims and Enforcement: Whether dealing with construction defects, project delays, or breaches of contract, our team assists in preparing and enforcing claims. We help ensure that your rights are upheld and that any breaches are addressed swiftly through legal avenues such as adjudication or litigation when necessary.

For expert guidance and legal support with your commercial building or renovation project, contact Axia Litigation Lawyers. We are here to ensure your project stays on track and your rights are fully protected.

Building a property requires significant commitment, and managing legal risks is essential for smooth project execution. Axia Litigation Lawyers offers comprehensive support to help you avoid disputes and protect your interests.

  • Contract Review and Compliance: We review contracts and subcontracts to ensure compliance with Queensland laws, including the QBCC Act and BIFA, protecting your business from legal risks.
  • Negotiations and Dispute Resolution: We assist with negotiations and resolving disputes over variations, delays, or defective work through mediation or litigation, if necessary.
  • QBCC Compliance: We guide you through QBCC matters, including rectification orders, compliance notices, and disciplinary actions, helping you stay on track and compliant.
  • Debt Recovery: We enforce your payment claims and assist with recovering unpaid invoices promptly, using BIFA’s adjudication process when needed.

Axia Litigation Lawyers ensures your legal needs are covered, allowing you to focus on project success.

Axia Litigation Lawyers offers specialized legal support for commercial builders, helping you navigate the complexities of large-scale construction projects.

  • Contract Review and Negotiation: We review and negotiate contracts to ensure they align with your project’s needs and protect your interests, ensuring compliance with Queensland legislation such as BIFA and QBCC.
  • Subcontractor Management: We assist with drafting, reviewing, and managing subcontractor agreements, ensuring clear terms and reducing risks of disputes.
  • Payment Claims and Schedules: We prepare and review payment claims and schedules to meet BIFA requirements, helping you secure timely payments and manage cash flow effectively.
  • Contract Disputes: We handle disputes over variations, delays, or defects, and represent you in mediation, adjudication, or litigation if needed.

Axia Litigation Lawyers supports all legal aspects of your commercial construction project to keep it running smoothly.

Engaging legal support early is vital for the success of your development project. Axia Litigation Lawyers offers essential services to property developers, ensuring smooth project execution and legal compliance:

  • Contract Selection and Advice: We guide you in choosing the most suitable contract type—whether design and construct or construct only—to align with your project’s goals and mitigate risks.
  • Contract Negotiation: We negotiate terms to safeguard your interests throughout the construction process, ensuring clarity and fairness in all contractual obligations.
  • Client-Side Contract Administration: We manage and monitor compliance with contractual terms, helping you maintain control over project execution and performance.
  • Payment Schedules: We draft and review payment schedules to ensure they meet BIFA requirements, facilitating timely payments and financial management.
  • Contract Disputes: We handle disputes related to project delays, defects, or other issues, representing you in negotiations, mediation, or litigation as needed.

Our dedicated team provides comprehensive legal support tailored to your development project’s needs. For expert assistance, contact Axia Litigation Lawyers.

Subcontractors are vital to the success of construction projects but often face unique challenges in protecting their rights and ensuring they are paid fairly and on time. Axia Litigation Lawyers offers specialised legal services tailored to subcontractors, ensuring compliance with Queensland law and providing support in navigating the complexities of construction disputes. Our team can assist subcontractors with:

 

 

 

  • Contract Review and Compliance: We review your subcontract agreements to ensure they are legally sound and protect your interests. We also ensure your contracts comply with relevant legislation, including the Building Industry Fairness (Security of Payment) Act 2017 (BIFA), to safeguard your rights to payment.
  • Payment Claims and Recovery: If you encounter issues with unpaid invoices, we help enforce your right to payment through BIFA. We assist in issuing Payment Claims and, if necessary, initiating adjudication to recover unpaid amounts.
  • Contract Disputes and Resolution: Whether you’re facing disputes with head contractors or other parties, our experienced team helps resolve issues through negotiation, mediation, or litigation, always with a focus on achieving the best possible outcome for you.
  • Dealing with the QBCC: If you are directed to rectify work or face other regulatory actions from the Queensland Building and Construction Commission (QBCC), we provide representation and guidance to help you comply or challenge unfair directions.
  • Retention and Variations: We assist subcontractors with issues relating to retention monies and contract variations, ensuring that any adjustments to the scope of work or payments are handled in line with the contract and legislation.

 

For comprehensive legal support as a subcontractor, contact Axia Litigation Lawyers. We ensure your rights are protected, and your contractual relationships are managed effectively to avoid costly disputes.

Frequently Asked Questions About Building & Construction Contract Disputes

If a contractor fails to meet agreed deadlines, you should review the contract for clauses on delays and extensions of time. Notify the contractor of the delay in writing, citing the relevant contract terms, and request a revised completion date. If the delay significantly affects your use of the property and the contractor does not rectify the situation, seek legal advice to explore remedies such as claiming liquidated damages or compensation for losses.

Withholding payment may be justified if the work is not up to contractual standards, but you must follow the dispute resolution procedures outlined in the Building Industry Fairness (Security of Payment) Act 2017. Provide the contractor with an opportunity to rectify the issues, and document all communications. If the work remains unsatisfactory, obtain legal advice before withholding payment to avoid breaching the contract.

If the work is substandard, you should formally notify the contractor in writing of the substandard work and request corrective action. If the contractor fails to respond or rectify the issues, you may lodge a complaint with the QBCC or seek other legal remedies. Consulting a legal expert is advisable to determine the best course of action, which may include mediation or litigation.

Dispute resolution options include negotiation, mediation, and arbitration. These methods can often resolve disputes more quickly and cost-effectively than court proceedings. You can start by discussing the issue directly with the contractor or engaging a mediator to facilitate the discussion. If necessary, consult with a lawyer who can guide you through alternative dispute resolution processes.

When filing a complaint, include a clear description of the issues, any breaches of the contract, evidence of substandard work, and a record of communications with the contractor. Attach relevant documents, such as the contract, invoices, and photos of the work. Providing detailed and organised information will support your case if you need to escalate the dispute.

Review the terms of the contract to determine if the property owner’s withholding of payment is justified. Communicate with the property owner to understand their concerns and provide a resolution or corrective action if necessary. If the dispute cannot be resolved through discussion, seek legal advice to understand your rights and explore options for recovering the payment, such as filing a claim or initiating legal action.

To protect yourself, ensure that all contract terms are clear and agreed upon by both parties. Maintain detailed records of work performed, communications, and any changes to the project scope. Address any issues promptly and document all interactions with the property owner. Consider including dispute resolution clauses in your contracts to outline procedures for handling disputes.

Review the contract to determine the scope of work and any provisions related to changes or additional demands. Communicate clearly with the property owner about the implications of their requests, including potential cost or time impacts. If necessary, negotiate a revised agreement that reflects the new scope of work. If disputes persist, seek legal advice to understand your options and rights under the contract and relevant legislation.

Address claims of substandard work by promptly reviewing the issues raised and inspecting the work in question. Provide a written response to the property owner outlining your position and any corrective actions you plan to take. If the property owner’s claims are valid, rectify the issues as soon as possible. If the dispute cannot be resolved amicably, consider engaging a mediator or seeking legal advice.

If a dispute escalates to legal action, gather all relevant documentation, including the contract, correspondence, and evidence related to the dispute. Consult with a lawyer who specialises in building and construction law to represent your interests and navigate the legal process. Be prepared to present your case clearly and provide any necessary evidence to support your position.

To protect your rights, ensure that the contract is clear, comprehensive, and compliant with all relevant legislation, including the Queensland Building and Construction Commission Act 1991 and the BIFA. Engaging a lawyer early in the process to review, amend, or draft special conditions can minimize risk. Clear terms regarding payment schedules, extensions of time, variations, and dispute resolution processes should be included.

As a developer, managing multiple payment claims from contractors or subcontractors is critical. If a payment dispute arises, you can issue a Payment Claim under the BIFA. This law provides a clear process for making and enforcing claims. If the contractor or subcontractor does not provide a valid Payment Schedule within the timeframes, you may be entitled to pursue the payment through adjudication or litigation. Ensuring you have proper contract management and documentation is key to supporting your position in any dispute.

If a contractor or subcontractor breaches their contractual obligations, you may seek remedies such as damages, specific performance, or contract termination. You can also file a claim for liquidated damages if provided for in the contract. In some cases, mediation or arbitration can resolve disputes without litigation. If the matter escalates, litigation in the Queensland courts or adjudication under the BIFA may be necessary.

Ensure that your contract aligns with key legislation such as the Queensland Building and Construction Commission Act 1991 and the BIFA. It’s important that the contract includes clear terms around progress payments, variations, delays, and defect liability. Engaging a construction lawyer to review your contract before signing can help you avoid non-compliance and reduce the risk of future disputes.

The QBCC oversees licensing and regulation of the construction industry in Queensland. In the event of a dispute, the QBCC can issue directions to rectify defects or breaches and can take disciplinary actions against builders or contractors who fail to comply with the law. Builders and developers may need to interact with the QBCC for licensing issues, complaints, or rectification orders.

Termination of a construction contract due to delays is possible but must be carefully handled to avoid claims of wrongful termination. If the contract includes clauses for delays and extensions of time, you must follow those terms. If the delay is substantial and caused by the other party’s breach, legal advice should be sought before taking any action to ensure that termination is lawful and justified.

Non-compliance with BIFA can have serious consequences, including penalties, suspension of works, or loss of licence for builders and developers. Failure to issue Payment Schedules or respond to payment claims on time can result in the forfeiture of rights to dispute the claim, making you liable for the claimed amount. To avoid these issues, ensure that payment claims and schedules are handled strictly within the timeframes set by the Act.

Please note that the information provided in these FAQs is general in nature and is not intended as legal advice. For guidance specific to your intellectual property dispute, we recommend consulting with one of our qualified legal professionals.

Every – Move – Matters

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Discover the latest insights on commercial disputes, building and construction, insolvency, personal injury, and more. Explore all our articles for in-depth legal updates from Axia Litigation Lawyers.

Discover the latest insights on commercial disputes, building and construction, insolvency, personal injury, and more. Explore all our articles for in-depth legal updates from Axia Litigation Lawyers.

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