Building and Construction Lawyers

Building and construction lawyers are legal practitioners who deal with matters arising from all building and construction disputes.

This does not simply relate to builders but can also relate to other tradespeople and professionals working in or around the building and construction industry.

We represent, 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 materials used in the building and construction industry – amongst others.

If a dispute arises from any building or construction related matter, then it is important that you use dedicated litigation lawyers who focus on building and construction disputes.

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Building and Construction Lawyers

Our building and construction lawyers can advise and assist you with a number of different disputes, commonly:

Claims for or against builders and homeowner;
Claims for or against contractors and subcontractors;
Claims for or against third parties;
Building and construction licensing and matters arising from the QBCC;
Making and/or defending adjudication applications and responses; and
Court proceedings (QCAT and all courts).

At Stonegate Legal we also advise and act for clients in relation to:

Alternative dispute resolution (including mediation, adjudication, expert determination or arbitration);
Advising and appearing at compulsory conferences and hearings;
Building and construction insolvency issues;
Reviewing and advising on home and commercial building contracts.

We will explain these in more detail below.

What is a Building and Construction Dispute?

A building and construction dispute is a dispute in relation to a building and construction contract.

A building and construction contract is contract or other arrangement for carrying out building work in Queensland. Building work can include:

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.

A building and construction contract can also include construction work (as distinct from building work).

Construction work can include building work but may also include the following:

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.

The legislation is complicated, and different definitions apply to different types of dispute. It is essential that you contact dedicated building and construction lawyers as soon as possible.

Claims for or Against Builders and Homeowner

There are a number of different ways that a residential building contract can go wrong.

We act for both builders and homeowners in relation to residential building disputes.

The types of residential building claims that can arise include:

Disputes in relation to defective building work;
Disputes in relation to delay;
Residential building contract breaches;
Disputes in relation to debt recovery;
Disputes in relation to negligence;
Defects liability periods and retentions;
Disputes in relation to non-completion of work; and
Claims against unlicensed builders.

We can also represent you in QCAT, the Magistrates Court, the District Court, and/or the Supreme Court in Queensland.

If you are a builder involved in a dispute with homeowner under a residential building contract, then contact our building and construction lawyers today.

If you are a homeowner with a complaint or a claim against a builder, then contact our building and construction lawyers as soon as possible.

We also act for contractors and subcontractors in building disputes.

Claims for or Against Contractors and Subcontractors

Whether party to a commercial building contract, or a residential building contract, disputes can often arise between contractors and subcontractors.

We act for both contractors and subcontractors in relation to residential or commercial building disputes.

The type of contractor / subcontractor claims that can arise include:

Making payment claims pursuant to the Building Industry Fairness (Security of Payment) Act 2017 Qld (“BIFA”);
Making payment schedules pursuant to the BIFA;
Making subcontractors’ charges claims pursuant to the BIFA;
Terminating or suspending the construction contract;
Enforcing payment against companies and people;
Enforcing adjudication decisions;
Setting aside adjudication decisions;
Making and defending debt recovery claims;
Breaches of the contract or subcontract;
Defects liability periods and retention money;
Seeking injunctive relief from the Court;
Issuing statutory demands; and
Setting aside statutory demands.

Read the following complete guides:

Statutory Demand – Complete Guide

Setting Aside Statutory Demand – Complete Guide

We can also represent you in QCAT, the Magistrates Court, the District Court, and/or the Supreme Court in Queensland.

If you are a contractor or a subcontractor, and you are involved in a building and construction dispute then contact our building and construction lawyers as soon as possible.

Making and/or Defending Adjudication Applications

An adjudication application in the building and construction industry is a great way to quickly recover debts without the cost of commencing Court action.

From service of the BIFA payment claim, an adjudicator can have a decision to the adjudication application in around 10 weeks.

Once registered in the Court, the adjudication certificate becomes an enforceable money order in the Court and can be enforced as if it were a judgment of that Court.

An application for adjudication can be a time-saving, cost-effective way of recovering building and construction debts. However, there is a very strict process which must be followed.

Read the following articles on our website:

Making a Payment Claim – BIFA (QLD)

How to Make an Adjudication Application in Queensland

How to Draft an Adjudication Response in Queensland

Drafting and Serving Subcontractors’ Charges

A subcontractors’ charge under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (“BIFA”) allows a subcontractor to charge money owed to the contractor.

This attempts to secure that money for the subcontractor if the subcontractor has not been paid.

It also raises the subcontractor to the status of a secured creditor if the contractor becomes insolvent.

It is complicated and must be performed correctly to be effective. This is why we would always recommend contacting our focussed building and construction lawyers as soon as possible.

Read – Subcontractors’ Charge – Construction Debt Recovery

As well as builders, owners, contractors, and/or subcontractors, we also act for or against third parties to a building contract.

Claims for or Against Third Parties

Not all claims relate directly to the parties in the construction contract.

Claims can also arise in relation to third parties to a construction contract. This can include:

Claims against architects and/or architectural companies;
Claims against electricians and/or electrical contractors;
Claims against engineers and/or engineering companies;
Claims against quantity surveyors, surveyors or surveying companies;
Claims against building certifiers and pest inspectors;
Claims against liquidators and bankruptcy trustees;
Claims against suppliers or manufacturers of materials used in the building.

Whomever we act for in a building and construction dispute, there are a number of ways to get the matter resolved.

These can include alternative dispute resolution and/or court proceedings (QCAT and all courts).

Alternative Dispute Resolution

In a building and construction dispute, there are a number of alternative dispute resolution (“ADR”) methods that can be used in an attempt to resolve the dispute.

ADR is used in an attempt to avoid the costs and time involved with litigation in the Court.

The different ADR options available include mediation, conciliation, adjudication, arbitration, and/or expert determination.

Read – Legal Proceedings for Debt Recovery

In most cases staying out of Court is the best option. However, in some cases it is not possible to resolve these disputes without legal action in the Court with jurisdiction.

Court Proceedings (QCAT and Queensland Courts)

In Queensland QCAT has jurisdiction to hear building disputes, as well as the State Courts.

The State Courts can hear matters up to their monetary jurisdiction. The jurisdiction of the Courts are:

The Queensland Magistrates Court – up to $150,000.00
The Queensland District Court – from $150,000.01 to $750,000.00
The Queensland Supreme Court – over $750,000.01.

There is no monetary jurisdiction in the QCAT building disputes jurisdiction. However, there are some other jurisdictional issues that a claimant must comply with. Failure to do so may mean that QCAT will have to dismiss the matter.

It is important that you use a focussed and dedicated building and construction dispute lawyer to make your claim.

As well as building and construction disputes, a building and construction lawyer can also provide advice and assistance in relation to legislative and compliance issues.

Reviewing and Advising on Home and Commercial Building Contracts

Before entering into a building and construction contract, we can provide detailed advice in relation to the contract.

This will give you an understanding of your risks and liabilities under the contract. We can provide advice and/or assistance with:

Building and construction contract negotiations;
All standard form building and construction contracts including ABIC, Australian Standard, FIDIC, HIA, Master Builders, and the QBCC; and
The identification of risks and liabilities, and provision of risk mitigation strategies.

Get peace of mind. Engage a building and construction lawyer to provide a written advice in relation to your building contract.

Building and Construction Licensing and Matters Arising from the QBCC

We can provide builders and contractors with advice and assistance in relation to licensing issues, QBCC infringement notices, and applying for the review decisions made by the QBCC.

Types of infringement notices can include:

A notice for unlawful building work;
A notice for unlicensed contractor complaints;
A notice for advertising offences;
A notice for failure to pay home warranty insurance;
A notice for fit and proper issues;
A notice for improper use of a licence; and/or
A notice for subcontract and commercial building contract breaches.

We can advise and assist clients with the internal (QBCC) and external (QCAT) review process for unreasonable decision made by the QBCC including:

A decision in relation to rectification or completion work is not at a satisfactory standard;
A decision in relation to the unsatisfactory conduct or professional misconduct of a building certifier;
The issuance of a direction to rectify defective building work;
The refusal of a licence application or renewal;
The suspension or cancellation of a licence; and
The valid termination of a building contract.

We can also provide advice and assistance in relation to insolvency in the building and construction industry in Queensland.

Building and Construction Insolvency

We offer advice and assistance in relation to the insolvency of a building and construction company in Queensland.

This may include providing advice and assistance to the company, directors of the company, and creditors in relation to:

What happens during the liquidation of the building and construction company;
Problems in relation to the liquidator or the administrator of the building and construction company;
The risks for directors, secretaries, and influential persons of the building and construction company;
The QBCC’s role in the liquidation of the building and construction company; and
Any voidable transactions claims against creditors, directors, or third parties.