Construction and Building Disputes - For Developers & Builders
Disputes with subcontractors can cause major delays to building projects and negatively impact your ability to meet your obligations to your lenders and other parties. Contact our expert construction and building dispute lawyers today to ensure that your dispute is resolved as quickly and as cost effectively as possible.
Our Services
We regularly represent developers and builders in construction and building disputes arising from:
➝ Payment claims by subcontractors
➝ Disagreements over variations
➝ Non-conformance issues
➝ Delays in completing the works
➝ Latent conditions
➝ Retention monies
➝ Bank guarantees
➝ Extension of time claims
➝ Liquidated damages
Security of Payments Advice and Representation at Adjudication
If you have a payment-related dispute with a subcontractor, it is likely that the subcontractor will try to recover payment through the procedure set out in the Security of Payments Act. If you have been served with a payment claim or adjudication application by a subcontractor, we will:
➝ Review your contract and advise you of your rights and the remedies available under the contract
➝ Help you prepare a payment schedule in response to the payment claim
➝ Prepare your response to the adjudication application
➝ Apply for a review of the adjudicator’s determination, if necessary
➝ Appeal against the adjudicator’s determination, if necessary
Alternative Dispute Resolution (ADR)
Other disputes which are not payment-related (e.g., disputes over variations, defects, and delays) can be quickly and effectively resolved through either mediation, arbitration or expert determination. Your contract might stipulate that disputes should be settled through any of these methods.
➝ Mediation – in mediation, a third-party neutral called a mediator guides the parties towards resolution of the dispute. The mediator does decide the dispute, but only facilitates the parties’ discussions.
➝ Arbitration – in arbitration, the dispute is decided by either a single arbitrator or a panel of arbitrators. Arbitration proceedings are more formal than mediation, and the decision of the arbitrator(s) is binding on the parties.
➝ Expert determination – here, the parties to the dispute jointly appoint a third-party expert to resolve the dispute.
Legal Action
Court battles generally take a longer time than ADR, which is why we only resort to legal action as a last resort in construction disputes. However, we will litigate on your behalf if it is the most appropriate dispute resolution strategy.
Call our NATIONAL LEGAL HOTLINE
1300 2 LEGAL
Open 7am to Midnight, 7 days a week
Whether you are the applicant or the respondent, we can provide you with legal representation at ADR and court proceedings. We will help you with:
▶︎ Reviewing the contract and advising you of your rights and the available remedies under the contract
▶︎ Providing recommendations on the best strategy for resolving the dispute
▶︎ Preparing and issuing or responding to any notices required to commence dispute resolution proceedings
▶︎ Preparing any documents to be used for ADR or court proceedings
▶︎ Gathering evidence
▶︎ Prosecuting interlocutory applications as needed
▶︎ Appearing on your behalf at all hearings
▶︎ Enforcement of judgment or arbitral awards
Why choose us?
We have over 20 years experience in helping clients in Victoria resolve all kinds of construction and building-related disputes, arising from both commercial and residential building contracts. We regularly represent developers, builders, subcontractors, engineers and architects at adjudications, mediations and arbitrations and in legal battles, and as such, we have a deep understanding of the issues faced by the parties on various sides of construction disputes, and will use this understanding to your advantage.
We are practical and efficient. Our services are competitively priced, and we offer an initial free consultation to discuss the merits of your case and help you better understand your position. Depending on your preference, we offer fixed fee and hourly billing options.
Our Approach
In every matter that we take on, our first step is to understand your business and the facts of your case, to enable us tailor our advice to your specific situation. We will then advise you on your options, recommend the most commercially viable strategy for your case, and inform you of the next steps. We take action swiftly, keep you updated at every stage of the process.
We adopt a multi-disciplinary approach to providing our services, by drawing on expertise from our various practice groups, as needed.
We are meticulous and have put in place the necessary internal processes to ensure that our services are of the highest standards.