“Construction dispute law encompasses the legal framework for resolving conflicts that arise during construction projects. These disputes can involve a range of issues, including contract breaches, delays, payment disagreements, defects in workmanship, and project management. The resolution process typically involves negotiation, mediation, arbitration, or litigation.”
Principal Solicitor & Legal Practice Director
When disputes arise on construction projects, you need a legal team with deep expertise in construction law to protect your interests.
We are a team of renowned building and construction lawyers serving clients across Queensland, including Brisbane, the Gold Coast, and the Sunshine Coast.
Our Principal Solicitor at AKS Law, Aaron Stewart, leads a team of seasoned professionals. We’re dedicated to achieving strong outcomes for you – our valued clients – through strategic guidance and relentless advocacy.
AKS Law focuses on many areas of litigation, including building and construction industry law. We go the extra mile to offer unparalleled expertise in relevant legislation, building contract laws, and codes.
You can trust us to operate with the highest ethical standards, providing transparent, practical, and commercially sound advice.
From delays and disruptions to defect claims and payment disputes, we support you every step of the way.
We handle all aspects of building and construction disputes, offering advice and strong litigation skills to resolve issues concerning payment claims, building contract disputes, defective work and more.
Our building and construction lawyers are highly skilled in mediation, adjudication applications, arbitration, and litigation for all types of disputes in construction, including:
Our construction lawyers assist builders, contractors, engineers, and other construction professionals with QBCC licensing matters, disciplinary proceedings, and compliance issues.
Our law firm has extensive experience with debt recovery actions, including adjudication applications, subcontractors’ charges, and enforcement of money owed.
No matter your role or the scale of your project, AKS Law aims to protect your interests through even the most complex building disputes.
Contact us today for an initial consultation with seasoned construction lawyers.
When you choose to connect with AKS Law, you can rest assured that we will have your best interests in mind from the very first consultation. We’re here to help.
Payment issues are one of the most frequent causes of building disputes in the construction industry. These can involve late, underpaid, or non-payments for completed work. The Security of Payment Act is often invoked to resolve such disputes, ensuring that contractors and subcontractors receive timely payments.
Building disputes often arise from ambiguities or unclear terms in construction contracts. For instance, you might face disagreements over the scope of work, contract price, and contract variations.
Disputes over the quality of work can occur when the completed work does not meet the agreed-upon standards or specifications. These disputes often require inspections, testing, and expert opinions to resolve.
Delays in completing a commercial or residential building project can lead to significant financial losses and building disputes. You may encounter delays due to poor planning, lack of communication, or changes in the scope of work.
Defective work disputes arise when the construction work is found to be faulty or substandard. These disputes often involve rectification orders and can escalate if not addressed promptly.
When there is a disagreement about the scope and quality of the work performed, it’s easy for disputes to occur. Perhaps substandard materials are used or someone deviates from the project specifications.
Disputes often arise from variations to the original contract, such as changes in the scope of work, materials, or project timelines. Proper documentation and agreement on these changes are essential to avoid disputes.
Some disputes involve claims of negligence or professional liability, particularly when the work performed does not meet industry standards or causes damage.
You may face a dispute after non-compliance with building regulations and standards. Often, these issues require legal intervention to ensure that all parties adhere to the relevant laws and regulations.
If you are facing a potential dispute over a commercial or residential building project, it’s time to get the support of an expert construction lawyer. Maintain building industry fairness and protect your best interests by working with us at AKS Law.
Yes; before making an application to the Queensland Civil and Administrative Tribunal (QCAT) for a domestic or commercial building dispute, parties are required to first participate in the dispute resolution process with the Queensland Building and Construction Commission (QBCC). You must provide a letter from the QBCC advising the outcome of this process when filing your QCAT application.
The time limits (known as “limitation periods”) for commencing construction dispute claims in Queensland can vary depending on the type of claim. As a general rule, claims for breach of contract or defective work must be brought within 6 years from the date of the breach or when the building defect became known. However, there are exceptions, so it’s best to seek expert legal advice as soon as possible.
While parties involved in QCAT legal proceedings generally must represent themselves, QCAT may grant leave for legal representation in certain circumstances, such as for complex commercial building disputes. The team at AKS Law can assist in preparing your case and seeking approval for representation where appropriate.
Potential remedies in a successful dispute claim can include:
The costs involved in construction law can vary significantly depending on the complexity of the dispute, the amount in dispute, whether the matter proceeds all the way to a final hearing and other factors. AKS Law aims to resolve disputes as efficiently as possible through negotiation or alternative dispute resolution where feasible. We provide upfront cost estimates so there are no surprises.
Common causes of construction disputes in residential buildings and other types of building and construction work include contract breaches, defects in workmanship or materials, delays in project completion, payment disputes, and disagreements over project scope. Miscommunication and unclear construction contracts often exacerbate these issues.
If a building owner discovers defective work, they should promptly notify the contractor in writing, detailing the specific issues. Under the Home Building Act, the contractor is usually given an opportunity to rectify the defects within a reasonable timeframe. If the contractor fails to address the issues, the building owner may need to escalate the matter through dispute resolution processes or seek legal advice.
To minimize the risk of disputes in a construction project, ensure all contract terms are clearly defined and understood by all parties. Regular communication between the building owner, contractors, and other stakeholders is crucial. Detailed documentation of agreements, changes, and progress, as well as adhering to building industry standards and regulations, can also help prevent misunderstandings and conflicts.
As a contractor, if you receive a complaint about your work, it is essential to address the issue professionally and promptly. Review the complaint carefully, communicate with the building owner to understand their concerns, and attempt to resolve the matter amicably. If necessary, involve a third-party mediator or seek legal advice to resolve the dispute while maintaining your professional reputation.
In construction dispute litigation, an expert witness can provide an independent, professional assessment of technical aspects of the case. They might evaluate the quality of work, adherence to building codes and standards, or the cause and extent of defects. Their testimony can be crucial in helping the court or tribunal understand complex construction issues and make an informed decision.
Yes, mediation can be an effective method for resolving construction disputes. It is a voluntary process where a neutral third party helps the disputing parties reach a mutually agreeable solution. Mediation can be less costly and quicker than litigation, preserving relationships and providing more flexible solutions tailored to the needs of the parties involved.
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