BUILDING AND CONSTRUCTION DISPUTES
With the rise of infrastructure on the Gold Coast in domestic and commercial building, the potential for building disputes is as apparent as ever. When a building dispute arises, it is essential that you obtain legal advice in a timely fashion so that the construction, settlement or move into a building occurs as planned and within budget.
HOW CAN A BUILDING DISPUTE ARISE?
The most common building and construction disputes generally include:
- The erection or construction of a building;
- The renovation, extension, or alteration of a building;
- The repair of a building;
- The provision of services such as electrical, water supply, sewerage or drainage;
- The demolition or removal of a building;
- Site work including swimming pools, fences, driveways or landscaping;
- Building inspection or reports;
- Defective or poor workmanship;
- Rectification work; and
HOW CAN A BUILDING DISPUTE ARISE?
Given the extensive range of trades and professional services required in the construction or renovation of a building, it is often the case that multiple parties are involved in a dispute.
Disputes can arise between:
- Contractors, such as electricians, plumbers and carpenters;
- Professionals, such as architects and engineers;
- Surveyors, such as quality surveyors; and
- Suppliers and manufacturers.
COMMON BUILDING AND CONSTRUCTION DISPUTES
Another concern in the building and construction industry is security of payments. The use of multiple contracts to develop projects or buildings creates a situation where one failed contract has the potential to have a domino effect on other related contracts.
For example, an owner or developer fails to pay a building contractor who then in turn fails to pay sub-contractors and so on.
In an attempt to reduce this type of risk, those in the building and construction industry rely on ‘progress payments’. However for many reasons disputes over entitlement to progress payments often arise. In these types of disputes it may be useful to consider pursuing adjudication under the Building and Construction Industry Payments Act 2004 (‘BCIPA’).
BCIPA can be a useful tool to ensure progress payments in relation to construction work are paid on time. BCIPA can be utilised by:
- Contractors against principals/developers;
- Contractors against owner-builders;
- Subcontractors against contractors;
- Suppliers against clients;
- Plant and equipment hirers against clients; and
- Consultants against clients.
HOW WE CAN HELP
The litigation and dispute resolution team at Ramsden Lawyers have extensive experience in the area of building and construction disputes. This includes successful disputes before courts, the Queensland Civil and Administrative Tribunal (QCAT) and the BCIPA. As members of the Society of Construction Law Australia, we are always up to date with the latest news, legislation and available resources in the building and construction industry Australia wide.
Lead by Specialist Accredited Litigator and Partner, Benjamin Twomey, the Gold Coast team is here to assist you with all of your building and construction disputes in a timely manner that is tailored to your desired goals.
Contact us today on (07) 55 921 921 to schedule a consultation on the Gold Coast. The litigation and dispute resolution team will use their successful experience in the building and construction disputes to find the best solution for you so you can complete your building related work on time and on budget.
For further Information on the BCIPA see: