Building and Construction Disputes2024-10-11T13:42:14+00:00

BUILDING AND CONSTRUCTION DISPUTES

Litigation Lawyers Sunshine Coast

BUILDING AND CONSTRUCTION DISPUTES

Every Move Matters

Litigation Lawyers Sunshine Coast

Every – Move – Matters

BUILDING & CONSTRUCTION LAWYERS SUNSHINE COAST

Building and construction disputes can be intricate and high-stakes, often affecting timelines, budgets, and professional relationships, and in some cases, disrupting one’s home life and living standards. Issues may arise over contractual obligations, payment disputes, construction defects, or compliance with building regulations. Resolving these disputes requires not only legal acumen but also a nuanced understanding of the construction sector.

At Axia Litigation Lawyers, our highly skilled team of building and construction lawyers navigates the complexities of the construction industry with precision. We provide strategic solutions tailored to protect your legal rights and advance your interests. Whether your project is on the Sunshine Coast, elsewhere in Australia, or on the international stage, our experts are here to assist you.

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

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Every Move Matters

Building & construction Disputes Areas

Our building and construction lawyers at Axia Litigation Lawyers possess a deep knowledge of the industry’s legal framework, combined with hands-on experience in managing disputes of all scales. With a robust track record of achieving favourable outcomes, we stand ready to resolve your construction challenges effectively. Trust our seasoned professionals to guide you through every phase of your dispute, ensuring your ventures are legally protected and your business objectives are met.

Building & Construction Contracts

Addressing contractual disputes with precision and legal expertise, our team ensures all contractual aspects of your construction projects are managed effectively, from inception to completion.

Security for payments and adjudication

Facilitating swift recovery of payments, we provide comprehensive assistance with payment schedules, claims, and the adjudication process, safeguarding your financial interests in the construction sector.

qBCC disputes

Offering strategic guidance through QBCC dispute resolution, our lawyers adeptly handle compliance issues, defect claims, and licensing matters, ensuring your rights are robustly represented.

Every – Move – Matters

How Axia can help with Building & construction disputes

Each building and construction dispute is unique, requiring a tailored approach. We work closely with our clients to develop a strategy that aligns with their specific circumstances and business objectives, ensuring that we not only address the immediate dispute but also support their ongoing commercial success.

Our expertise encompasses a thorough understanding of the legislative framework and industry standards, ensuring that our clients receive informed guidance on their legal rights and obligations. We assist with interpreting complex contracts, advising on regulatory compliance, and formulating strategies to avoid disputes or manage them effectively when they arise.

We understand the importance of maintaining business relationships while assertively advocating for our clients’ interests. Through strategic negotiation, we aim to resolve disputes in a manner that is both amicable and advantageous, minimising the need for formal dispute resolution procedures.

When swift resolution of payment disputes is required, Axia’s lawyers adeptly navigate the adjudication process. We ensure that claims are properly drafted, deadlines are met, and submissions are persuasive, guiding our clients towards securing their rightful payments under the Building Industry Fairness (Security of Payment) Act.

Axia encourages the use of mediation and other forms of alternative dispute resolution as cost-effective and efficient means of settling disputes. Our skilled mediators facilitate discussions between parties to reach a mutually acceptable resolution, often preserving professional relationships.

Should litigation become necessary, Axia provides tenacious representation in all court jurisdictions. Our litigation team is equipped to handle the most complex of building and construction disputes, from the initial filing of a claim through to trial and, if needed, appeal.

We assist clients in enforcing compliance with building codes, standards, and contractual obligations. Our approach includes proactive risk management advice to prevent disputes and strategic legal action to address non-compliance, ensuring that projects are completed to the required legal and professional standards.

Our lawyers are well-versed in managing disputes involving the Queensland Building and Construction Commission. We represent clients in matters related to licensing, non-conforming building products, and home warranty insurance, providing robust advice and advocacy throughout the QBCC process.

Axia specialises in resolving contractual disputes, whether they concern interpretation, performance, or enforcement of contract terms. We review and analyse contracts to protect our clients’ interests and pursue or defend against claims arising from contractual disagreements.

Ensuring the security of payments is paramount in the construction industry. Axia helps clients effectively manage payment claims and utilise the legal mechanisms available to secure payment. Our team provides comprehensive support throughout the payment claim process, from the initial claim to the resolution of any disputes that may arise.
  • Legal Advice
  • Negotiation
  • Adjudication
  • Mediation & Alternative Dispute Resolution
  • Litigation
  • Compliance Enforcement
  • QBCC Disputes
  • Contractual Disputes
  • Security For Payments

Axia Litigation Lawyers offers comprehensive legal support, safeguarding the interests of builders, construction firms, and homeowners in building and construction disputes, ensuring fair compliance and secure payment processes.

Legal Advice

Our expertise encompasses a thorough understanding of the legislative framework and industry standards, ensuring that our clients receive informed guidance on their legal rights and obligations. We assist with interpreting complex contracts, advising on regulatory compliance, and formulating strategies to avoid disputes or manage them effectively when they arise.
Negotiation

We understand the importance of maintaining business relationships while assertively advocating for our clients' interests. Through strategic negotiation, we aim to resolve disputes in a manner that is both amicable and advantageous, minimising the need for formal dispute resolution procedures.
Adjudication

When swift resolution of payment disputes is required, Axia's lawyers adeptly navigate the adjudication process. We ensure that claims are properly drafted, deadlines are met, and submissions are persuasive, guiding our clients towards securing their rightful payments under the Building Industry Fairness (Security of Payment) Act.
Mediation & Alternative Dispute Resolution
Axia encourages the use of mediation and other forms of alternative dispute resolution as cost-effective and efficient means of settling disputes. Our skilled mediators facilitate discussions between parties to reach a mutually acceptable resolution, often preserving professional relationships.
Litigation
Should litigation become necessary, Axia provides tenacious representation in all court jurisdictions. Our litigation team is equipped to handle the most complex of building and construction disputes, from the initial filing of a claim through to trial and, if needed, appeal.
Compliance and Enforcement
We assist clients in enforcing compliance with building codes, standards, and contractual obligations. Our approach includes proactive risk management advice to prevent disputes and strategic legal action to address non-compliance, ensuring that projects are completed to the required legal and professional standards.
QBCC Disputes
Our lawyers are well-versed in managing disputes involving the Queensland Building and Construction Commission. We represent clients in matters related to licensing, non-conforming building products, and home warranty insurance, providing robust advice and advocacy throughout the QBCC process.
Contractual Disputes
Axia specialises in resolving contractual disputes, whether they concern interpretation, performance, or enforcement of contract terms. We review and analyse contracts to protect our clients' interests and pursue or defend against claims arising from contractual disagreements.
Security for Payments
Ensuring the security of payments is paramount in the construction industry. Axia helps clients effectively manage payment claims and utilise the legal mechanisms available to secure payment. Our team provides comprehensive support throughout the payment claim process, from the initial claim to the resolution of any disputes that may arise.

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…

frequently Asked questions about building and Construction disputes

The Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) is designed to ensure the security of payment for contractors, subcontractors, and suppliers in the building and construction industry. It provides a streamlined process for making and responding to payment claims, and for the adjudication of payment disputes.

Building and construction contracts are legally binding agreements. Parties must adhere to the terms and conditions outlined within. Enforcement can be sought through the Queensland Civil and Administrative Tribunal (QCAT), the courts, or through alternative dispute resolution methods such as mediation or adjudication.

Adjudication is a dispute resolution process provided for under the BIF Act, which allows for a rapid, interim decision to be made regarding payment claims in the construction industry. It is initiated by serving a payment claim, which can be responded to with a payment schedule, and if necessary, an adjudication application by the person/entity that is owed money.

YYes, certain decisions made by the Queensland Building and Construction Commission (QBCC) can be disputed. If the decision is a ‘reviewable decision’, a party may apply for an internal review of the decision within 28 days of receiving a decision or notice. If dissatisfied with the outcome of the internal review, an application for external review can be made to QCAT.

If you encounter defective building work, you should notify the contractor to give them the opportunity to rectify the issue. If the matter is not resolved, you can lodge a complaint with the QBCC, which may inspect the work and order the contractor to rectify defects. Strict timeframes apply for structural and non-structural defects to apply to the QBCC, so please seek urgent advice upon noticing any defect.

Payment disputes are primarily handled through the adjudication process under the BIF Act. A claimant can issue a payment claim to which the respondent must reply with a payment schedule. If the dispute remains, either party can apply for adjudication.

The QBCC regulates the building industry in Queensland, ensuring that licensed contractors meet their obligations. It provides dispute resolution services, monitors compliance with the QBCC Act, and can take disciplinary action against licensees who breach the QBCC Act.

The limitation period for breach of contract claims in Queensland is generally six years from the date the cause of action accrued. However, specific time frames may apply to certain claims under the BIF Act or QBCC Act, so it is important to seek legal advice promptly.

If you are facing a construction dispute, it is advisable to consult a lawyer who specialises in building and construction law. They can provide guidance on your legal position, the appropriate dispute resolution mechanism to pursue, and represent you in negotiations or legal proceedings.

Please note that the information provided in these FAQs is general in nature and should not be construed as legal advice. For specific legal advice tailored to individual circumstances, it is recommended to consult with our qualified legal professionals.

Every – Move – Matters

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