Building and Construction Lawyers in Queensland
If you require the services of a building and construction lawyer in Queensland, Stonegate Legal are the experts to contact for legal assistance.
Don't Let Legal Issues Bring Your Construction Project to a Halt
Building & Construction Law
Legal Guidance for Your Building and Construction Needs
At Stonegate Legal, we are building and construction lawyers who specialise in building and construction law, providing expert legal advice to ensure a smooth project for all parties involved. Whether you’re a builder, developer, owner, or investor, we understand the complexities of the construction industry and will guide you through all legal matters. Our team of construction law experts handles all aspects of construction law, from resolving contract disputes to navigating zoning regulations.
We provide comprehensive legal advice to ensure your project complies with all regulatory requirements and is completed within budget and on time. Trust Stonegate Legal to help you build success.
Trusted Building & Construction Lawyers
When there is a disagreement regarding a contract for building and construction work in Queensland, it is referred to as a building and construction dispute. This type of contract pertains to an agreement or understanding for the completion of building projects. Ensure you use the best construction contract dispute lawyers.
- The erection or construction of a house or building;
- Renovations, alterations, extensions, improvements or repairs to a house or building;
- The provision of lighting, heating, ventilation, air-conditioning, water supply, sewerage or drainage;
- Any site work (including the construction of retaining structures);
- The demolition, removal or location of a house or building;
- The preparation of plans or specifications for the performance of building work;
- Contract administration in relation to the construction of a building designed by the person;
- Fire protection work or carrying out a completed building inspection.
- Walls, roadworks, powerlines, telecommunication apparatus, aircraft runways, docks and harbours, railways, inland waterways, pipelines, reservoirs, water mains, wells, sewers, industrial plant and installations for land drainage or coast protection;
- Heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply, fire protection, security and communications systems;
- The external or internal cleaning of buildings
- Site clearance, earthmoving, excavation, tunnelling and boring; and the laying of foundations; and the erection, maintenance or dismantling of scaffolding; and the prefabrication of components to form part of any building, structure or works, whether carried out on-site or off-site; and site restoration, landscaping and the provision of roadways; and
- The painting or decorating of the internal or external surfaces of any building, structure or works.
Discuss Your Case With A Trusted Construction Lawyer
Let us be your strongest partner and trustworthy advisors. We can take you through the complex legal system while always protecting your best interests, providing legal help for construction disputes. Make the wise decision and join forces with us now
Building & Construction Lawyers
Serving a Diverse Range of Clients in the Industry
Our clients include a diverse range of individuals and entities involved in the building and construction industry, such as homeowners, builders, labourers, plumbers, electrical contractors, subcontractors, trade contractors, bodies corporate, engineers, architects, draftspersons, surveyors, quantity surveyors, mine workers, home investors, developers, and manufacturers/suppliers of construction materials. Our construction dispute resolution lawyers service all of Queensland, Brisbane, and Sunshine Coast.
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In a construction contract, claims may not only be related to the parties involved, but also to third parties. These third parties may include architects, electricians, engineers, quantity surveyors, building certifiers, pest inspectors, liquidators, bankruptcy trustees, and suppliers or manufacturers of building materials. Regardless of the party involved in a building and construction dispute, there are various methods to resolve the matter, such as alternative dispute resolution or court proceedings including QCAT and all courts.
When it comes to residential building contracts, there are several ways in which things can go awry. Our services cater to both homeowners and builders who find themselves embroiled in disputes related to residential building. These disputes can pertain to a variety of issues such as defective building work, delay, contract breaches, debt recovery, negligence, defects liability periods, retentions, non-completion of work or claims against unlicensed builders.
We are equipped to represent our clients in QCAT, the Magistrates Court, the District Court, and/or the Supreme Court in Queensland. If you are a builder or homeowner involved in a residential building dispute, do not hesitate to get in touch with our building and construction lawyers.
In both commercial and residential building contracts, conflicts can arise between contractors and subcontractors. We provide legal assistance to both parties involved in such disputes. These may include payment claims, payment schedules, subcontractor charges claims, termination or suspension of construction contracts, enforcing payment against individuals and companies, enforcing or setting aside adjudication decisions, debt recovery claims, breaches of contracts or subcontracts, defects liability periods and retention money, seeking injunctive relief from the court, issuing and setting aside statutory demands.
In the building and construction industry, an adjudication application is an efficient method of debt recovery without the need for costly court proceedings. The adjudicator can make a decision within approximately ten weeks of receiving the BIFA payment claim. When registered in court, the adjudication certificate can be enforced as a money order and is equivalent to a court judgment. While an adjudication application can save time and money, it is important to follow the strict procedures.
The Building Industry Fairness (Security of Payment) Act 2017 (Qld) enables subcontractors to claim the payment owed to them by contractors. This provision is intended to safeguard the subcontractor's payment in case they do not receive it. Moreover, it elevates the subcontractor to the position of a secured creditor if the contractor goes bankrupt. The process is intricate and must be executed accurately to be valid. Therefore, it is advisable to consult our specialised construction lawyers promptly.
When it comes to disputes in the building and construction industry, there are several methods of alternative dispute resolution (ADR) that can be implemented to try and settle the issue. The main purpose of ADR is to avoid the expenses and time-consuming process of going to court. Some of the ADR options that can be utilised include arbitration, adjudication, expert determination, conciliation, and mediation.
In Queensland, building disputes can be heard by QCAT and the State Courts. The monetary jurisdiction of the State Courts is divided among three categories. The Queensland Magistrates Court can hear cases up to $150,000. The Queensland District Court can hear cases ranging from $150,000 to $750,000. The Queensland Supreme Court has jurisdiction over cases exceeding $750,000. QCAT's building disputes jurisdiction does not have any monetary jurisdiction. However, claimants must fulfil certain jurisdictional requirements, failure to do so can result in the dismissal of the case. It is advisable to hire an expert building and construction dispute lawyer to make your claim. Additionally, a building and construction lawyer can provide guidance on legislative and compliance issues.
Our services include providing comprehensive guidance on building and construction contracts before they are signed. This ensures that clients have a clear understanding of the potential risks and liabilities they may encounter under the agreement. We are skilled in advising and supporting clients in negotiating building and construction contracts, including those that are standard forms such as ABIC, Australian Standard, FIDIC, HIA, Master Builders, and the QBCC. Additionally, we can help identify and assess risks and liabilities and recommend strategies to mitigate them. For peace of mind, it is advisable to seek the assistance of a building and construction lawyer who can provide written advice on your building contract.
Our legal services also cater to builders and contractors in need of guidance and support with licensing problems, QBCC infringement notices, and appeals for QBCC decisions. Various types of infringement notices could be served, such as those related to illegal construction work, unlicensed contractor complaints, advertising offences, failure to pay for home warranty insurance, fit and proper issues, as well as subcontract and commercial building contract breaches. We offer advice and assistance to our clients during both the QBCC and QCAT review process for any unreasonable decisions made by the QBCC. This includes decisions related to substandard rectification or completion work, unprofessional conduct by a building certifier, the issuance of directives to repair faulty construction work, and denial of a license application.
We provide guidance, cost effective advice and support to building and construction firms facing insolvency in Queensland. Our services encompass advising and aiding the company, its directors, and creditors on various aspects such as the liquidation process, issues with liquidators or administrators, potential risks for directors, secretaries, and influential individuals, the QBCC's involvement in the liquidation, and any claims of voidable transactions against third parties, directors, or creditors.
How To Handle Building & Construction Disputes
At Stonegate Legal, we offer inclusive legal guidance, ensuring that your project adheres to all necessary regulations while staying within your budget and meeting deadlines. Count on us to assist you in constructing a pathway to success.
It is crucial to seek legal representation from specialised litigation lawyers who have expertise in this area.
Construction & Building Lawyers QLD
Meet Our Building & Construction Team
Legal Practice Director / Principal
Wayne Davis
Wayne Davis is the principal solicitor, legal practice director of the firm, and leads the litigation team. Wayne has an LLB, and GDLP and is admitted to the Supreme Court of Queensland and the High Court of Australia. Wayne is a debt recovery, litigation, and insolvency professional.
Wayne is dedicated to achieving the best possible outcomes, whether through strategic negotiation, alternative dispute resolution, or courtroom advocacy. Wayne understand that every case is unique and takes a proactive approach to ensure your rights and interests are protected at every stage of the process.
Education & Certifications
Personal Quote
Areas of Interest
Senior Paralegal
Stacey Harvey
Stacey has been a part of the team at Stonegate Legal since 2022 but has worked in the industry for over 20 years, having extensive knowledge of the legal processes in Australia and specializing in debt recovery claims, default judgments, enforcement action, and bankruptcy.
Stacey spent a large portion of her career as a senior paralegal responsible for the performance and management of a team of paralegals and an administration department for many years. During the first 18 years, she worked for one of Brisbane’s largest debt collection companies, where she managed large portfolios of debt for councils, schools, government departments, and insurance companies, along with debt purchased from various banks, utilities, and other credit providers.
Education & Certifications
Personal Quote
Areas of Interest
Law Graduate / Paralegal
Laylah Toovey
Laylah completed her Bachelor of Laws with Honours at the University of the Sunshine Coast and is currently undertaking her graduate diploma of legal practice at the College of Law. I have worked with Stonegate Legal since 2021, and within this time, she acquired a broad range of knowledge and experience across a diverse range of matters.
Laylah’s approach is centered on understanding your unique circumstances, protecting your interests, and advocating for the best possible outcome. Whether you’re facing commercial disputes, debt disputes, contract issues, or other contentious matters, Laylah and the team are here to guide you every step of the way.
Education & Certifications
Personal Quote
Areas of Interest
Paralegal
Caterine Molini
Caterine holds a law degree and passed the bar exam in 2011, practicing as a lawyer in Brazil until 2018. She also completed a postgraduate qualification in environmental law.
With 12 years of experience in civil litigation, insurance, and building and construction, Caterine spent six years leading a team to negotiate major agreements with insurance companies. She worked closely with engineers to ensure construction projects met environmental regulations, and she advocated for clear contracts to prevent issues and avoid costly litigation.
She is excited to be working towards admission as a Solicitor in Australia.
Education & Certifications
Personal Quote
Areas of Interest
Law Graduate / Trainee Solicitor
Shania Bryan
Shania is a recent law graduate and admitted to the legal profession. Shania embarked on her journey with Stonegate Legal, eager to immerse herself in legal practice and to gain experience. Shania is dedicated to continuously refining her skills under the guidance of seasoned professionals to position herself for a successful transition into the legal profession as a solicitor.
Shania is dedicated to providing effective and results-driven legal solutions. With a strong focus on litigation, Shania and our team are committed to navigating complex disputes and delivering the best outcomes for our clients.
Education & Certifications
Personal Quote
Areas of Interest
Solicitor
Kirsty Walker
Kirsty has come into the legal profession later in life, having been a primary school teacher for 24 years. Her interest in the law stemmed from running a small construction company. After self-representing against debtors, she came to value the ability of the law to assist contractors in David and Goliath situations. Kirsty is admitted to the Supreme Court of Queensland and the High Court of Australia.
Education & Certifications
Personal Quote
Areas of Interest
Building And Construction Lawyers - FAQ
Legal issues in building and construction projects can involve contract disputes, zoning regulations, liens, workers' compensation claims, and more. If a dispute arises between parties on a project, it is important to seek legal advice as soon as possible. Our experienced team of building and construction lawyers will provide expert advice to ensure the dispute is resolved in an effective and timely manner. We will also guide all applicable laws and regulations, ensuring that your project complies with all relevant rules.
Construction disputes can arise for a variety of reasons, including delays in the project, errors in the design or workmanship, changes to the scope of work, and more. Disagreements between parties regarding payment or contract terms can also lead to disputes. It is important to work with an experienced building and construction lawyer when such disagreements arise, as they will be able to provide expert advice and guidance on how best to resolve the dispute.
Subcontractors can seek legal advice on payment disputes, contract terms, and security of payment claims to protect their rights under Australian law. A construction lawyer can help ensure subcontractors receive fair payment by enforcing contractual obligations and applying for adjudication if necessary. They can also provide guidance on subcontractor charges, licensing requirements, and compliance with QBCC regulations. Understanding legal protections can prevent financial risks and unfair treatment by contractors.
Residential construction lawyers assist homeowners with legal issues arising from building or renovating homes, including contract disputes, defective workmanship, and delayed completion. They review and negotiate building contracts to protect homeowners from unfair terms and ensure compliance with relevant building laws. If a dispute arises, they can engage in negotiation, mediation, or court action to enforce the homeowner’s rights. Their services provide legal protection and peace of mind for homeowners dealing with builders and contractors.
Building dispute lawyers help resolve conflicts related to construction projects, including contract breaches, defective work, and unpaid invoices. They represent homeowners, builders, and subcontractors in negotiations, adjudications, and court proceedings to enforce contractual rights. These lawyers also provide legal advice on compliance with Australian building regulations and industry standards. Their primary focus is to achieve cost-effective dispute resolution while protecting their client’s interests.
Construction law solicitors provide legal guidance on contracts, disputes, compliance, and risk management within the building industry. They assist clients in understanding their rights and obligations under Australian construction laws and regulations. If disputes arise, they help negotiate settlements, prepare adjudication applications, or represent clients in litigation. Their expertise ensures that builders, contractors, and property owners comply with legal requirements while protecting their financial and contractual interests.
To take legal action against a builder in Queensland, you should first attempt negotiation or mediation to resolve the issue. If that fails, you may lodge a complaint with the Queensland Building and Construction Commission (QBCC), which can order rectifications or take disciplinary action. For contract breaches or financial losses, legal proceedings may be initiated in QCAT (Queensland Civil and Administrative Tribunal) or court, depending on the dispute’s value. Seeking legal advice early can improve your chances of a successful claim and minimise delays.
The best construction lawyers in Brisbane are those with extensive experience in building disputes, contract law, and construction litigation. A reputable law firm should have a track record of successfully resolving construction disputes through mediation, adjudication, or court action. Look for firms with strong client testimonials and expertise in Queensland’s construction laws, including the QBCC Act and the Security of Payment legislation. Consulting a well-regarded construction lawyer can provide valuable legal guidance tailored to your situation.
If a builder breaches a contract, the first step is to review the contract terms and gather evidence of the breach. Communicating with the builder and attempting to resolve the issue amicably can sometimes prevent legal disputes. If negotiations fail, legal options include lodging a complaint with the QBCC, seeking mediation, or pursuing a legal claim in QCAT or court. Consulting a construction lawyer can help determine the best course of action to protect your rights.
Yes, our experienced team of building and construction lawyers can help to resolve payment disputes. We will review the contracts and applicable laws to ensure that all parties are abiding by their obligations. We will also provide advice on any legal remedies available to help resolve the dispute, such as filing a lien or taking other legal action. Our team of experts will work with you every step of the way to ensure that your interests are protected.
Construction dispute resolution lawyers help resolve conflicts between parties involved in building projects, including contractors, homeowners, and developers. They specialise in alternative dispute resolution (ADR) methods such as mediation, arbitration, and adjudication to avoid costly litigation. If necessary, they can also represent clients in court proceedings to enforce contract terms or recover financial losses. Their goal is to provide strategic legal advice to achieve a fair and efficient resolution for all parties involved.
Commercial construction lawyers handle legal matters related to large-scale construction projects, including drafting and reviewing contracts, resolving disputes, and ensuring regulatory compliance. They assist property developers, contractors, and subcontractors in navigating complex legal issues such as contract breaches, payment disputes, and project delays. These lawyers also provide advice on risk management, insurance claims, and legal obligations under Australian construction laws. Their expertise helps businesses avoid costly litigation and maintain smooth project execution.
The first step in resolving a contract dispute with your builder is to review the terms of the contract and identify any breaches. Open communication and negotiation can often lead to an amicable resolution without legal intervention. If this fails, alternative dispute resolution methods such as mediation or adjudication may help settle the dispute quickly. As a last resort, legal action in a Queensland court may be necessary to enforce your rights and seek compensation.
Homeowners have the right to expect their building project to be completed according to the contract, Australian building codes, and consumer protection laws. If a dispute arises, they can seek remedies for defective work, delays, or contract breaches through negotiation or legal action. Queensland’s QBCC (Queensland Building and Construction Commission) provides additional protections and dispute resolution services for homeowners. Legal advice from a construction lawyer can help homeowners understand their rights and the best course of action.
If a builder or contractor has not received payment for completed work, they can issue a payment claim under the Building Industry Fairness (Security of Payment) Act 2017 (Qld). Legal action may involve sending a formal demand letter, lodging an adjudication application, or pursuing court action to recover the debt. A construction lawyer can assist in enforcing contractual payment terms and ensuring compliance with relevant legislation. Prompt legal advice can help secure payment and prevent financial losses.
Construction lawyers in Brisbane provide specialised legal advice on building contracts, disputes, and regulatory compliance. They assist clients in resolving conflicts with builders, contractors, and developers through negotiation, adjudication, or court proceedings. Having a local lawyer familiar with Queensland’s construction laws and the QBCC can be beneficial for navigating legal challenges. Engaging an expert lawyer early can prevent costly disputes and ensure legal protection throughout a construction project.
A construction law firm on the Sunshine Coast provides legal services for builders, developers, subcontractors, and homeowners dealing with building disputes and contracts. Their expertise includes contract drafting, dispute resolution, debt recovery, and regulatory compliance. These firms assist clients with mediation, adjudication, and court representation to protect their legal and financial interests. Working with a local law firm ensures a better understanding of Queensland-specific building regulations.
Builders in Queensland can access legal assistance for contract negotiations, dispute resolution, and regulatory compliance. A construction lawyer can help resolve payment disputes, licensing issues, and QBCC infringements while protecting the builder’s interests. They also provide guidance on handling contract terminations, defect claims, and security of payment applications. Seeking legal advice early can prevent costly legal battles and ensure compliance with construction laws.
Litigation & Dispute Resolution
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