Building and Construction Lawyers
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 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 experienced lawyers 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.
- 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.
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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.
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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 Lawyers
Legal Practice Director
Wayne Davis is the principal solicitor, legal practice director of the firm, and leads the litigation and construction teams.
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, construction, and insolvency professional who is experienced in:
Damon Laffin is a solicitor and forms part of the litigation team.
Damon is admitted to the Supreme Court of Queensland and the High Court of Australia. Damon also has a Master of Applied Law (majoring in Litigation) through the College of Law, which he completed in February 2023.
Laylah joined the Stonegate Legal team in 2021 as our receptionist and legal assistant. Laylah has worked her way up to paralegal and works in the debt recovery team.
She is currently in her final year of studying a Bachelor of Laws at the University of the Sunshine Coast and has found a keen interest in litigation, contract law and tort law.
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.
Yes, our experienced team of building and construction lawyers can help with alternative dispute resolution methods such as mediation and arbitration. Mediation is a process in which an impartial third-party mediator is used to facilitate negotiations between the parties in order to reach an agreement. Arbitration is a form of alternative dispute resolution in which the parties agree to submit their dispute to a neutral third-party arbitrator who will render a binding decision. Our team can provide guidance on these alternative dispute resolution methods and represent you throughout the process.
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.
Litigation & Dispute Resolution
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