Building and construction processes incur significant investments of time and money. A building and construction lawyer can advise you through all stages of your build – whether residential or commercial.
Consult with a legal professional prior to entering any building contracts. This is an essential step and will go a long way to avoiding any disputes further down the track.
A building and construction lawyer can review and provide advice on your contract, as well as advise on your rights and liabilities. They can draft and amend contracts to minimise any risk associated with building projects and ensure all contracts comply with the applicable legislation.
For builders or commercial developers, a building and construction lawyers can assist with subcontractor selection and negotiations.
As well as drafting payment claims and payment schedules to ensure that they are compliant with the Building Industry Fairness (Security of Payment) Act 2017 (Qld).
Likewise, they can ensure compliance with environmental and planning laws, as well as other areas of law such as industrial relations and trade practices.
Dispute Resolution
Construction projects can be complex. Building disputes can arise in a multitude of circumstances.
It is never too early to consult a building and construction lawyer. Doing so may avoid disputes and issues down the track and ensure that your matter proceeds in the best manner possible.
However, if a dispute has arisen, a building and construction lawyer is able to commence and defend litigation proceedings, as well as advise on the conduct of mediation, arbitration and adjudication proceedings.
Building disputes may arise for a variety of reasons:
- Delayed building work
- Defective building work
- Breaches of building contracts
- Variations that have not been agreed to or put in writing
- Debt recovery
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Delayed Building Work
Builders are under the obligation to have the work to a standard of practical completion on the date of practical completion.
Delays may be reasonable if they are caused by events outside of the control of the builder, such as natural disasters.
If unreasonable delay has occurred in the building process, then you may issue a notice to remedy the breach on the party at fault.
Experienced Sunshine Coast construction lawyers can draft this notice and determine if you are able eligible to terminate the contract and sue for damages.
Defective Building Work
Disputes over building defects are related to the quality of the builder’s work.
Defective building work includes both structural and non-structural defects.
Allegations of defective building work can stem from a number of issues, including those relevant to the electrical system, ventilation, roofing, plumbing, windows, structure, and flooring.
There can be other types of building defects. Oftentimes, building contracts require the owner to notify the builder of the defect. However, challenges may arise where the builder disputes the defect.
Specialist building and construction lawyers will be able to provide you with advice as to your rights and best options in this instance.
Breaches of Building Contracts
Breach of building contract may take many forms.
Essentially, a breach of contract occurs whenever one party does not fulfil their contractual obligations.
It is imperative to seek professional legal advice if you suspect a breach of contract has occurred or is about to occur.
Building and construction lawyers can advise you of your prospects of receiving monetary damages, and whether you have the right to terminate the contract.
Construction Disputes about Variations
Variations are a common source of dispute.
It is necessary for all variations to residential building contracts to be put in writing.
It is stipulated in the Queensland Building and Construction Commission Act that a copy of any variation must be provided to the building owner by the building contractor.
A variation that is not in writing is only allowable where it would not be unjust for the building contractor to recover an amount from the building owner, the contractor would suffer an undue hardship, or in exceptional and urgent circumstances.
Debt Recovery
It is inevitable that debt disputes will arise in the building and construction industry.
Time is of the essence in debt disputes.
There are several methods by which building and construction debts can be recovered, including via litigation in court, and under the Building Industry Fairness (Security of Payment) Act 2017 (Qld).
For the most cost-effective and efficient results, alternate dispute resolution is likely to be attempted at first instance, and litigation will be a last-resort.
Building and construction lawyers can support you through the process and run all your debt recovery needs.
Contact Sunshine Coast Building and Construction Lawyers Today
Building and construction projects can be stressful. Whether you are a homeowner, builder, contractor or developer, a lot of time and money is invested in the project’s success.
Any dispute can be devastating and can cause long delays or incur extra costs. Sunshine Coast building and construction lawyers are specialists in all aspects of building and construction law.
From inception phase to the final product, and every matter or dispute in between, you can rest assured that your building and construction legal needs are in expert hands.
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