When a problem or issue arises in the commercial building sphere prompt legal advice is essential to getting a good resolution quickly and to ensure any negative impacts are limited. Our experienced building disputes lawyers are skilled in handling both urgent and non-urgent matters.

It is important that your lawyer understands the construction industry and has extensive experience in litigation and dispute resolution. This includes understanding key terms used in various contracts, specifications, invoices, insurance materials and otherwise.

Whether you are considering making a claim or have had a claim made against you, we can provide quality advice and guidance to you for those matters. We understand our clients need for having disputes resolved quickly and effectively and where available, in the most commercial way possible.

It might also be that you do not have a dispute yet and want to receive advice about how best to avoid risks and a dispute arising. We can also help you to be prepared and proactive, rather than reactive.

Our Legal Services:

We can assist with resolving a variety of building disputes:

• Contract Disputes – including breaches, issues with variations and payment disputes
• Enforcing or Terminating Building Contracts
• Subcontract and Contractor or Head Contractor disputes
• Defects Claims & Warranty Claims
• Expert Determination
• Insurance Claims
• Building Licence Registration Issues & Actions
• Payment Disputes or SOPA Claims

We routinely handle construction dispute matters in the following jurisdictions:

• Disputes raised with the DBDRV
• Private or Contract required Arbitration and Mediation
• Adjudications under the Building and Construction Industry Security of Payments Act
• Proceedings at Victorian Civil and Administrative Tribunal (VCAT),
• Supreme Court and other jurisdictions

Contract Disputes

Disputes over building contracts are widespread and becoming increasingly common in the building industry and whilst some are quickly remedied others can be more severe. Our building lawyers can assist in any level of dispute and provide concise advice on what your contractual obligations and rights are.

This may be to simply inform you about those rights and obligations so you can make better decisions. It may also be to provide advice in relation to taking action to recover for your loss, damage suffered before, during or after the works or for an injunction. Often disputes can be handled quickly and effectively with the right advice and understanding of the commercial needs of your project and business.

If your claim does end up in court or in proceedings of another jurisdiction (such as Arbitration or Adjudication) you will need to ensure that your case is well prepared and presented.

Payment Disputes and/or SOPA Claims

Security of Payment Act provides protections and a way for contractors to secure payment in a timely manner, including dealing with disputes about those payments, as they arise. For more guidance and assistance in relation to SOPA claims, click here.

Enforcing or Terminating Building Contracts

If issues arise and you need to enforce or terminate a building contract it can be difficult to do without a lawyer or legal advice. If you breach or terminate a building contract incorrectly you may be exposed to damages and further costs claimed from a number of parties.

There are often many stakeholders in building works. The immediate party you are dealing with may not be the only party who may pursue you for incorrect termination. It is important that action is taken with legal advice and proper consideration of relevant materials and facts. Any terminations should be properly drafted to obtain the best and most secure outcome.

Whether you need to enforce or terminate a contract we can assist in providing advice. We will look to limit any risk of exposure to subsequent claims for loss and damage, defend your overall position.

Defects Claims & Warranty Claims

Claims for defective building works and warranty claims can become time consuming and costly. If the issues cannot be rectified between the parties then legal intervention is often inevitable.

We are experienced in assisting landowners, developers, sub-contractors and builders with their claims regarding commercial building defects. Getting advice from a building disputes lawyer is essential as they have the most current and effective methods for resolving disputes. This can often be achieved through arbitration and mediation or court if necessary.

It is often the case that a matter can be resolved either before Court or during ongoing discussions between parties. We attempt to reach a beneficial resolution quickly and to avoid lengthy disputes where possible. Our building lawyers’ will quickly identify and advise on the urgency, severity, and nature of the dispute. We will give you a clear analysis of your overall position at law. We will carefully outline your case and make sure that you understand the key points of your case to strategise and negotiate to get the best resolution as quickly as possible.

Expert Determination/Independent Expert Reports

Many building and construction disputes arise from defects in building works. They often require an expert inspection and opinion to diagnose and provide performance solutions and/or proposed rectification works. It is important that when experts are engaged that their reports are properly produced and the scope of the problem is fully considered.

We take care in selecting and instructing experts that their expertise, capability and the scope is appropriately considered. Getting process right is crucial as it can heavily impact your matter and the outcome of a dispute. We have extensive experience in engaging experts, obtaining expert reports and managing the dispute process.

Insurance Claims

Where there is an insurance claim against your builder’s warranty insurance or against other insurers we can assist. Insurers are typically difficult to deal with. We can assist you if a claim has been approved (and you don’t think it should) or denied in full or partially. We can provide advice and pursue the insurer to ensure your position is advocated for.

Building Licence Registration Issues

Where you may be subject to an action taken from the Victorian Builders Authority (VBA) in relation to your building licence or other registrations, we can help. We provide advice and representation where the VBA or other associations may be taking action against you or attempting to deregister you or your company as a licensed builder or other practitioner.

Subcontractor and Contractor Disputes

It is very common for disputes to arise between sub-contractors, head-contractors and developers. Often, these disputes can be costly. If you are a subcontractor or contractor we can provide advice to find a workable outcome for your dispute. This may include options, such as terminating the agreement, a workable outcome which preserves your relationship with the builder. Alternatively, there are other outcomes we can negotiate that are more specific to your requirements.

We can also assist where a claim is being made against you or a dispute arises over payments and defects. We can also advise on disputes that involve security of goods and PPSR registrations.

How we can Help…

We take a pragmatic approach to dispute resolution and look for all the opportunities our clients have to resolve their disputes with the best outcome quickly.

Our legal advice and service is of the highest quality and professionalism. We seek to make sure that our clients always have the best legal representation. We also make sure proper attention is given to the commercial realities in disputes your wants and needs and do our utmost to get the best outcome, so you can get on with business.

Speak to an experienced commercial construction disputes lawyer today on 1300 907 335 or complete an online enquiry form and we will be in contact with you to discuss your matter further.

Build Cost Increases & Material Supply Shortages  

The global pandemic and the repercussions experienced throughout 2020 and the beginning of 2021 have seen a broad variety of unusual occurrences and turbulence...

Read More