Property & Construction Disputes
Property and construction disputes in Queensland can arise from various sources, spanning everything from contractual disagreements to regulatory issues. We can assist with all property and construction disputes, including those that arise in commercial building, domestic building, property co-ownership, strata communities, and disputes involving the Building Industry Fairness (Security of Payment) Act.
Commercial Building Disputes
Commercial building disputes may involve issues such as breaches of contract, defects in construction, delays, variations, or disagreements over payment terms.
Obtaining legal advice early about these disputes can help resolve conflicts efficiently and fairly. Resolving commercial building disputes usually requires a thorough examination of contractual obligations, construction standards, and industry practices. Alternative dispute resolution methods like negotiation, mediation, or arbitration are commonly used to achieve timely and cost-effective resolutions, minimising disruptions to ongoing projects.
Domestic Building Disputes
Common domestic building disputes involve conflicts between homeowners and builders regarding residential construction projects. These disputes may arise due to defects in workmanship, deviations from contractual specifications, delays in completion, or disagreements over variations and payments.
Queensland’s domestic building dispute resolution framework provides avenues for homeowners to seek redress through bodies such as the Queensland Building and Construction Commission (QBCC). Resolving these disputes may require the parties to participate in dispute mediation or may require adjudication by the appropriate authority. Legal support can assist both homeowners and builders in ensuring fair and equitable outcomes.
Strata Disputes
Strata disputes pertain to conflicts within strata-titled properties involving owners, body corporate committees, or property managers. These disputes may encompass a range of issues, including breaches of by-laws, disputes over common property usage, levies and fees, building defects, or disagreements regarding property management decisions.
Queensland’s Strata Titles Act provides a framework for resolving strata disputes through mechanisms such as dispute resolution committees, adjudication, or court proceedings. Resolving such disputes may require legal intervention to interpret agreements, clarify rights and obligations, or facilitate negotiations for amicable resolutions. Court proceedings may be necessary in complex cases where parties cannot reach a consensus through negotiation or mediation.
Payment of Contractors
The Building Industry Fairness (Security of Payment) Act plays a significant role in regulating payment disputes within the construction industry in Queensland. Enacted to ensure timely and fair payments for work that has been performed, this legislation provides mechanisms for contractors and subcontractors to claim progress payments promptly.
Under this act, parties involved in construction contracts have specific rights and obligations regarding payment claims, payment schedules, and adjudication processes. For instance, to get paid a contractor must submit a payment claim under a construction contract. The head contractor must then either pay the invoice in full or give the contractor a payment schedule within a specific time frame. Adherence to these provisions helps mitigate disputes related to non-payment or delayed payment for construction work.
Building and construction law disputes can quickly escalate leading to downtime and loss in production and profitability. In fact, any legal dispute concerning property should be dealt with promptly and, where necessary, referred to an experienced professional. We provide considered and commercially minded advice to individuals and companies involved in a range of property, building and construction disputes.
If you need assistance from an experienced results-driven professional, contact [email protected] or call 07 3040 5885.