Australian Building Dispute Lawyers

If you need legal assistance regarding a building dispute then you have come to the right place. Our building dispute lawyers can provide expert advice and guidance to ensure that your dispute is resolved in a timely and cost effective manner. Our building dispute lawyers have extensive experience in acting for property owners, builders, sub-contractors, suppliers, architects and engineers in residential and commercial matters.

We can help you with disputes involving :-

• contract interpretation
• building defects
• poor quality building works
• incomplete building works
• late payments or failure to make progress payments
• delays in starting, completing or fixing works
• price increases from contract changes after work has commenced
• building work that does not comply with the building contract, drawings, specifications, legislative requirements

Our lawyers also provide services in relation to :-

• drafting and review of contracts
• development applications
• court and tribunal proceedings
• alternative dispute resolution
• home warranty claims
• professional negligence compensation claims (building surveyors, architects, building consultants, engineers)

Our building lawyers are here to help with your with legal issues arising from domestic and commercial construction of all sizes. Whether your matter involves home renovations or complex commercial construction we can provide pre-contractual drafting and negotiating, legal advice as needed throughout the project, and for any disputes that may arise. Complete the contact for obligation-free legal advice today.

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Home Owners

If you have been thinking about building a brand new home, extending or renovating your existing home, then you should do what you can to reduce the risk of becoming involved in a dispute with your builder. You should obtain several quotes, try to ascertain the builder’s reputation (ask for referees and to visit the builder’s most recent work), check that the builder is registered. You could also conduct a company search through ASIC to establish that the company has operated under the same business or trading name for some time, or whether the builder has been associated with a previous company or business name that has failed or become insolvent.

A building contract will detail what you want the builder to construct and supply, including all finishes, materials, and appliances, contract price, deposit and payment schedule. Prior to signing any building contract, you should seek independent legal advice. A building contract can be difficult to understand. It is usually comprised of terms and conditions, local council development consent terms and conditions, plans by architects, engineers, and other documents. These complex documents can be prepared and reviewed by our solicitors. They will advise you of rights and responsibilities according to the contract, and of any other legislative requirements which you should be aware of prior to commencing building or construction.

If you find yourself involved in a dispute about building works we strongly recommend that you seek legal advice to ensure that your legal rights are fully protected. Disagreements with builders can be difficult to resolve on your own. Our building and construction solicitors can review your contract, thoroughly assess the issues in dispute, and advise you of the legal avenues available to end your dispute. Sometimes disputes can be readily resolved with give and take. In other situations, legal action may be needed.

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Defective Building Works

Defect disputes commonly involve faulty workmanship or using incorrect materials. Examples include :-

• cracking in concrete areas such as walls and balconies
• cracking and lifting of floor or wall tiles
• roof defects
• leaks in roofs, showers, windows etc
• faulty or inadequate damp proof course
• incorrect or inadequate site drainage
• inadequate strength mortar
• paint delaminating and use of incorrect adhesives
• poorly laid paving or concrete

You have the right to expect that work will be carried out in a proper manner and in accordance with the plans and specifications set out in the contract and in accordance with legislative requirements. You should also expect that all materials to be supplied by the builder for use in the work will be good and suitable for the purpose for which they are used.

In relation to defective work, you should contact the builder or tradesman that built the house or performed the defective work and ask that they fix the problem. If the builder is unwilling to rectify any defects or omissions in the works for which they are responsible after final completion, or fails to complete the rectification works to a standard, and within a timeframe, acceptable to you, there are a number of possible actions that may be taken, including suing the builder for breach of contract.

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Building Delays

Time is important in building contracts. You need to know the start date of the building period and the date when work is due to be complete. The builder is required by law to make an allowance for delays due to inclement weather and certain foreseeable factors, such as public holidays, breaks in continuity of work (for example, time is needed to let the slab cure). The contract will state how many days have been allowed under each category. Where it is not possible to give an estimation of the period of delay, the builder must identify the cause of delay in the contract and state that it is not possible to estimate.

You should vigilantly monitor the progress of building work. If the builder asks for an extension of time to complete building works, you should consider whether their request is reasonable. Delays arising from circumstances beyond the builder’s control, or which couldn’t have been foreseen by the builder when the contract is signed, may be considered reasonable. If there is an unreasonable delay in completing the project, you may be entitled to compensation.

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Building Professionals

We also have access to lawyers who provide specialist legal services to builders in the areas of drafting, amending and reviewing contracts; drafting special conditions; contract negotiations; advice on risk and liability minimisation; strategies for alternative dispute resolution and representation in hearings. Our lawyers are able to advise home builders, as well as construction companies involved in commercial construction of office buildings, retail stores, factories, hospitals, age care facilities, airports and other major projects.

Our building and construction lawyers have access to a wide range of experts in this area of law, such as barristers, building consultants, engineers, architects and town planners. Our lawyers aim to provide unrivalled client satisfaction coupled with high quality service and legal advice. We encourage clients to resolve their disputes without resorting to litigation. However, when informal steps to resolve a dispute fail, the only option you may have is to litigate. It is important to be provided with competent legal advice on a best case / worst case scenario, and to be properly informed of the level of risk you may face.

If you need commercially sound and cost-effective legal advice, then contact us, without obligation, today.