Building disputes…
Building and construction disputes
The building and construction industry in Queensland can be complicated to navigate as it is highly regulated. As building and construction lawyers who are experts in litigation, we see first-hand the type of disputes that frequently arise within the industry and what could have been done to avoid them.
Disputes can arise between several different parties including building owners / homeowners, building contractors, subcontractors and third parties. Disputes we regularly see arise within the industry relate to building defects, late completion or non-completion of works, variations, property damage and retentions.
Defects are often the centre of building disputes and may cause issues such as non-payment. Defects can be structural or non-structural (aka minor defects). What is classified as a defect and whether it is structural or minor, can be a contentious issue between parties.
Defects (structural or minor) are commonly the catalyst for parties to withhold payment of invoices / payment claims in respect of a completed phase of the project. You should check your relevant contract for any provisions regarding retentions or withholding payment and see if the other party is allowed to withhold payment or entitled to retentions under your contract with them.
If you are unsure about whether the other party is entitled to retentions or to withhold payment, you should seek legal advice. For more information on providing an ‘opportunity to rectify’ or ‘practical completion’ please read our previous articles on these topics.
Litigation lawyer
By engaging a building and construction lawyer who are experts in litigation, building disputes can be avoided or at least effectively managed. If you need a building and construction lawyer, contact us at Klein Legal today.
Need more information?
If you or someone you know wants more information or needs help or advice about this topic, please contact us on (07) 5458 6855 or email mklein@kleinlegal.com.au.
This is general information only and does not constitute legal advice.