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Building and Construction Lawyers
Building and Construction Disputes
Building and construction disputes can quickly escalate — causing delays, cash flow pressure, and significant financial risk. Whether you are a builder, contractor, developer, or property owner, early and strategic legal advice is critical.
At Stonegate Legal, we act in building and construction disputes across Queensland, providing clear advice, strong representation, and commercially focused outcomes.
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Building and construction disputes rarely resolve themselves. Delays, non-payment, defective work, and contractual disagreements can quickly escalate, putting pressure on your project, your cash flow, and your business. Early legal advice helps you protect your position, apply pressure where needed, and move toward a resolution before the dispute worsens.
If you are involved in a construction dispute — whether it’s a payment issue, defective work, delay claim, or contract dispute — you may have strong legal rights. At Stonegate Legal, we act quickly to protect your position, minimise disruption, and pursue a practical, enforceable outcome.
We regularly act for builders, contractors, developers, and property owners across Queensland in disputes involving:
Progress payment and unpaid invoice disputes
Defective or incomplete building work
Delay and extension of time claims
Variations and scope disagreements
Contract termination disputes
Subcontractor and supplier disputes
As your building and construction lawyers, we can help you:
Assess the strength of your claim or defence under Queensland law
Develop a clear strategy aligned with your commercial objectives
Issue notices, payment claims, and letters of demand
Represent you in negotiation, adjudication, or mediation
Commence or defend court or QCAT proceedings
Time matters in construction disputes. Early action can preserve your rights, improve your negotiating position, and often lead to faster, more cost-effective outcomes.
Have You Been Threatened With Legal Action in a Building or Construction Dispute?
Don’t panic — we’ll protect your position and guide you through the dispute.
If you’ve been threatened with legal action or served with court or QCAT documents in a building or construction dispute, it’s critical to act quickly and get clear advice. At Stonegate Legal, we represent builders, contractors, developers, and property owners defending claims across all areas of construction law.
Construction disputes can be complex, but not every claim has merit. We help you understand your rights, assess your exposure, and take decisive steps to minimise risk and protect your commercial interests.
As a defendant or respondent, we can help you:
Review the claim and assess its legal and commercial strength
Identify and advise on available defences
Develop a strategy to resolve the dispute early where appropriate
Respond to payment claims, notices, and court proceedings
Defend the matter through negotiation, adjudication, mediation, or litigation
Timing is critical. Strict deadlines apply in construction disputes, particularly in adjudication and court proceedings, and early action can significantly improve your outcome and negotiating position.
Trusted Building and Construction Lawyers in Queensland
Time Limits in Construction Disputes – Why Acting Fast Is Critical
Limitation Periods for Construction Claims
In building and construction disputes, strict limitation periods apply — and missing them can be fatal to your claim.
Depending on the nature of the dispute (such as breach of contract, defective work, or negligence), you will generally have a limited number of years from when the cause of action arises to commence proceedings.
However, determining when time starts running is not always straightforward and can significantly impact your rights. Courts enforce these time limits strictly, and extensions are rare.
Getting early legal advice ensures your claim is preserved and properly advanced before time runs out.
Responding to Payment Claims and Demands
If you receive a payment claim, notice, or letter of demand, it should not be ignored or delayed.
These are often the first formal steps in a construction dispute and can quickly escalate if not handled properly. A poorly managed response can weaken your position and increase the risk of adjudication or litigation.
Acting promptly allows you to assess the claim, respond strategically, and, in many cases, resolve the dispute before formal proceedings are commenced. Early intervention can save significant time, cost, and disruption to your project or business.
Court and Adjudication Deadlines – Strict and Enforceable
Clear and Upfront Pricing for Building and Construction Disputes
Learn the fundamentals of building and construction disputes, including what gives rise to a claim and when legal action may be available.
What You Get
Our experienced building and construction lawyers will assess the facts of your dispute, provide clear advice on your rights and options, and take the first strategic steps to progress your matter — whether that involves issuing notices, responding to payment claims, or preparing for adjudication or litigation. We focus on delivering practical, commercially driven advice from the outset, with clear guidance on costs and no surprises as your matter progresses.
No Hidden Costs
Building and construction disputes can vary significantly in complexity and cost depending on the nature of the issue and how the matter progresses. We provide clear guidance on likely costs, key stages, and strategic options from the outset so you can make informed decisions with confidence. Our focus is on achieving outcomes that are proportionate to the commercial realities of your project, not encouraging unnecessary work.
The Construction Reality – Why Acting Early Matters
Types of Building Disputes We Handle
Building and construction disputes arise in many forms — and at Stonegate Legal, we’ve seen them all. From unpaid progress claims to complex contractual and project disputes, these issues can escalate quickly and cause serious financial and operational disruption.
Below is an overview of the most common building and construction disputes we handle, with practical examples to help you identify where you may have a claim or need to defend one.
Progress Payment and Debt Recovery Disputes
Disputes involving unpaid progress claims, final payments, or withheld amounts, requiring strategic recovery action ranging from payment claims and adjudication through to court enforcement.
Defective and Incomplete Work Claims
Disputes arising where building work is alleged to be defective, non-compliant, or incomplete, often involving competing expert evidence and contractual obligations.
Delay and Extension of Time Disputes
Claims relating to project delays, entitlement to extensions of time, and exposure to liquidated damages or other contractual consequences.
Variations and Scope Disputes
Disagreements over variations to the scope of works, including whether work was authorised, properly documented, or payable under the contract.
Contract Termination and Repudiation
Disputes arising from termination of building contracts, including allegations of wrongful termination or repudiation.
Subcontractor and Supplier Disputes
Disputes between contractors, subcontractors, and suppliers involving payment, performance, and contractual obligations.
Building and construction disputes can take many forms, but the underlying issue is always the same — protecting your position and achieving a commercially sensible outcome. We help you identify the issue early, act decisively, and resolve the dispute with minimal disruption to your project or business.
Understanding Building and Construction Disputes: When Do You Have a Claim?
To succeed in a building and construction dispute, there must be a clear legal basis for your claim or defence. While every matter is different, most disputes turn on a few key elements:
A Legal Right or Obligation – such as a building contract, statutory entitlement, or regulatory requirement
A Breach or Issue – where the other party has failed to perform, delayed works, or carried out defective or non-compliant work
Causation – a clear link between the breach and the loss suffered
Loss or Damage – financial loss, project delays, or other commercial consequences arising from the issue
We help you assess the strength of your position, identify the key issues, and gather the evidence needed to support your case. From there, we take decisive steps — whether through negotiation, adjudication, formal demands, or progressing the matter to QCAT or court proceedings.
Who We Act For
We act for a wide range of clients in building and construction disputes, including:
Builders and licensed contractors
Developers and project owners
Subcontractors and suppliers
Property owners and homeowners
Construction professionals and consultants
Whether you are bringing a claim or defending one, we provide practical advice tailored to your commercial objectives and the realities of your project.
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The Building and Construction Dispute Process
At Stonegate Legal, we approach building and construction disputes strategically from day one. Whether you are pursuing a claim or defending one, we focus on giving you clarity, protecting your position, and moving the dispute toward a practical resolution as efficiently as the circumstances allow.
Initial FREE Legal Consultation
Our experienced building and construction lawyers conduct a detailed initial consultation to assess your dispute, identify your legal rights and risks, and explain your options under Queensland law. We focus on understanding your commercial objectives and the realities of your project from the outset.
Early Case Assessment and Strategy
We review the contract, project documents, correspondence, and evidence to determine the strength of your position. This includes identifying risks, likely outcomes, and the most effective pathway forward — whether that involves early resolution, adjudication, or preparing for litigation.
Notices, Payment Claims, and Pre-Litigation Action
Where appropriate, we prepare and issue strategic notices, payment claims, or letters of demand to clearly set out your position and apply pressure for resolution. This step often creates an opportunity to resolve the dispute quickly and cost-effectively without formal proceedings.
Negotiation, Adjudication, and Dispute Resolution
We actively pursue early resolution through negotiation, adjudication, mediation, or other dispute resolution processes. Our focus is always on achieving a commercially sensible outcome while protecting your legal position and minimising disruption to your project.
Commencing or Defending Proceedings (QCAT or Court)
If the matter cannot be resolved, we move decisively to commence or defend proceedings in QCAT or the appropriate court. We prepare all necessary documents, manage strict deadlines, and ensure your case is presented clearly and effectively.
Urgent Applications and Interim Relief
In time-sensitive matters, we can seek urgent orders to protect your position — including enforcing contractual rights or preventing further loss while the dispute is ongoing.
Outcome, Enforcement, and Recovery
Once a decision is obtained, we assist with enforcing your rights, including recovering unpaid amounts, enforcing orders, or securing compliance with outcomes. Our focus is not just on winning the dispute, but on achieving a practical, enforceable result.
A building and construction dispute arises when there is a disagreement about work performed, payment, delays, or contractual obligations on a construction project. This can involve builders, contractors, subcontractors, developers, or property owners. Disputes often relate to defective work, unpaid progress claims, or variations. Legal advice helps you understand your position and take steps to resolve the issue efficiently.
You should seek legal advice as soon as a dispute arises or is likely to arise. Early intervention can protect your position, preserve evidence, and prevent the dispute from escalating. Waiting too long can weaken your claim or defence. A construction lawyer can guide you on strategy, deadlines, and the most effective way to resolve the matter.
While not every building dispute requires immediate legal action, obtaining early legal advice can significantly improve your outcome. Construction disputes often involve complex contracts, strict deadlines, and technical issues. A lawyer can assess your position, prepare appropriate notices, and represent you in negotiations, adjudication, QCAT, or court proceedings if required.
A progress payment dispute occurs when a party claims they have not been paid for work completed under a construction contract. This may involve unpaid invoices, disputed payment claims, or withheld amounts. These disputes can escalate quickly and may require adjudication or legal proceedings. Prompt legal advice helps protect your entitlement to payment and enforce your rights.
Adjudication is a fast-track dispute resolution process commonly used for payment disputes in the construction industry. It allows a party to obtain a legally binding decision on payment claims within a short timeframe. Strict deadlines apply, and the process is highly technical. Legal advice is critical to ensure your application or response is properly prepared.
If you receive a payment claim or formal notice, you should act quickly. Strict deadlines may apply, and failing to respond properly can result in liability or loss of rights. You should seek legal advice to assess the claim, understand your obligations, and prepare an appropriate response. Early action can prevent escalation and protect your position.
Yes, many building and construction disputes are resolved through negotiation, adjudication, or mediation without going to court. Early legal involvement can significantly increase the chances of resolving the matter quickly and cost-effectively. However, if the dispute cannot be resolved, proceedings in QCAT or court may be necessary.
A defective work claim arises when building work is alleged to be incomplete, non-compliant, or below the required standard. These disputes often involve expert evidence and contractual obligations. Depending on the circumstances, remedies may include rectification, damages, or other compensation. Legal advice helps determine your rights and the best course of action.
Variations are changes to the scope of work under a construction contract. Disputes can arise over whether a variation was authorised, properly documented, or payable. These issues can have significant financial consequences. A construction lawyer can assess your entitlement and assist in resolving disputes over variations.
Time limits apply to building and construction claims and vary depending on the nature of the dispute. These may relate to contractual claims, statutory warranties, or negligence. Missing a limitation period can prevent you from bringing a claim. It is important to seek legal advice early to ensure your rights are preserved.
Yes, Stonegate Legal regularly represents clients in QCAT building disputes. QCAT deals with many residential construction matters, including defective work and payment disputes. We can assist with preparing your case, gathering evidence, and representing you throughout the process to achieve a practical outcome.
Yes, we assist clients with enforcing court judgments and adjudication decisions. This may involve recovering unpaid amounts, taking enforcement action, or ensuring compliance with orders. Obtaining a decision is only part of the process — enforcement is critical to achieving a real outcome.
Testimonial
We are trusted by businesses and individuals across Queensland to handle disputes with clear advice, strategic judgment, and strong follow-through. Here is what some of our clients have said about working with Stonegate Legal.
Our Team
Meet Our Building and Construction Team
Wayne Davis is the Principal Solicitor and Legal Practice Director of Stonegate Legal, leading the firm’s commercial litigation practice with a clear, strategic focus. Admitted to the Supreme Court of Queensland and the High Court of Australia, Wayne holds an LLB and GDLP, and brings extensive experience in commercial litigation, debt recovery, and insolvency matters.
Wayne is regularly trusted by businesses, directors, and individuals to manage complex disputes involving significant financial and commercial risk. His practice spans contractual disputes, debt recovery, insolvency-related matters, and high-stakes litigation where decisive action and sound judgment are critical. He is known for cutting through issues quickly, identifying the real commercial drivers of a dispute, and developing strategies that align with his clients’ objectives.
With a disciplined and commercially driven approach, Wayne combines strategic negotiation, alternative dispute resolution, and strong courtroom advocacy to achieve results. He takes a hands-on, proactive role in every matter, ensuring his clients’ positions are protected, risks are managed, and outcomes are pursued with clarity and confidence at every stage of the dispute.
Law Graduate / 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.
Caterine holds a Certificate IV and a Diploma in Leadership and Management from Australia.
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.
Solicitor
Kirsty Walker
Kirsty brings a unique and highly practical perspective to the legal profession, having come to law later in life after a successful 24-year career as a primary school teacher. Her transition into law was driven by real-world experience, having co-run a small construction company and personally navigating the challenges faced by contractors in pursuing unpaid debts.
Through self-representing in legal proceedings against debtors, Kirsty developed a strong appreciation for how the law can be used as a powerful tool to level the playing field — particularly in “David and Goliath” situations where smaller operators are up against larger, better-resourced parties. This firsthand experience gives her a deep understanding of the commercial realities her clients face and informs her practical, outcome-focused approach to disputes.
Kirsty is admitted to the Supreme Court of Queensland and the High Court of Australia. She is committed to helping clients navigate the legal system with clarity and confidence, combining empathy, clear communication, and a strong sense of purpose in achieving fair and effective outcomes.
