Our building and construction disputes team has extensive experience in representing construction companies, developers, property owners, investors, subcontractors, financiers, architects, engineers, project managers and other construction professionals in the resolution of building and construction disputes.
We represent clients in claims for variations, contract payments, defect litigation, professional negligence matters and claims involving liquidated damages. We regularly provide advice and representation in security of payment disputes and in relation to building and construction regulatory matters.
As well as having in depth building and construction industry knowledge, our team has leading dispute resolution expertise with an outstanding track record of resolving disputes commercially, as well as through formal proceedings as necessary.
To seek advice about a building and construction dispute, call (07) 3231 2444.
We have significant experience in security of payment matters including claims involving the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA). Our expertise includes:
- advice on payment claims and payment schedules
- adjudication proceedings
- challenges/defences to adjudication determinations.
Our team also regularly deals with issues under the Subcontractors’ Charges Act 1974 (Qld) and has specific expertise in dealing with the interplay with between this Act and other building and construction legislation.
The Personal Property Securities Act 2009 (Cth) (PPSA) has had wide-ranging implications for the building and construction industry. Our disputes team has handled litigation and claims involving the PPSA and often works with our specialist front end PPSA lawyers in assembling multi-specialised skilled legal teams.
Navigating building and construction litigation can be a very difficult exercise, involving voluminous documents, numerous technical experts and complicated court procedures. To obtain the best outcome you need lawyers who are experienced in litigation procedure and strategy, as well as in technical construction issues.
We have vast experience in running building and construction litigation in courts and tribunals in Queensland and around Australia and are well positioned to run these matters for our clients to successful conclusions.
We have extensive experience in dealing with the Queensland Building and Construction Commission (QBCC) in relation to the regulation of building contracts, licensing matters, insurance and the building industry generally.
We have successfully pursued review proceedings in QCAT seeking to overturn directions to rectify issued by the QBCC against builders, and assisted building companies in dealing with QBCC licensing matters. We have also represented homeowners in relation to disputes with the QBCC involving the Queensland Home Warranty Insurance Scheme.
It is often the case that building and construction disputes can be resolved by negotiation without or separately from formal proceedings. Given our leading expertise in dispute resolution, we have an excellent track record in achieving successful commercial outcomes for our clients.
We take a practical and commercial approach to resolving disputes and are always alert to opportunities to resolve cases informally in a way that aligns to our clients’ interests, resources and commercial objectives.
Our team is also experienced in all aspects of alternative dispute resolution including mediation and arbitration.
Below is a snapshot of some of the cases our disputes team has handled.
- Acting for the owners of Makepeace Island at Noosa in a long running multi million dollar construction dispute in the Supreme Court of Queensland.
- Acting for a global manufacturer of infrastructure and construction plant and equipment in proceedings in the New South Wales Supreme Court to recover multi-million dollar plant item, successfully resolving a liquidator’s PPSA claim.
- Representing a large infrastructure company in various BCIPA matters (both as applicant and respondent) arising out of the trunk lines north construction portion of the QCLNG Project.
- Advising a bulk water infrastructure developer in a dispute concerning the construction of a pipeline.
- BCIPA adjudication proceedings for a leading Australian contractor involved in the Kestrel Mine Extension Project.
- Acting for a large industrial infrastructure provider in a multi million dollar BCIPA dispute on the Rocklands Group Copper Project.
- Successfully resolving court proceedings concerning a BCIPA determination for a contractor involved in the MMG Century Mine.
- Advising a supplier of specialised equipment and personnel in a dispute arising out of wharf construction activities at the Hay Point Coal Terminal.
- Acting for a major contractor to successfully resolve a dispute with a subcontractor in relation to the Gateway Bridge Duplication Project.
- Acting for the owners of a large industrial facility in the Darling Downs in a Supreme Court negligence action against the builder, engineer and certifier.
- Advising a civil, structural and engineer company in a dispute concerning the design of the Mt Crosby Water Treatment Plant.
- Acting for a drilling contractor against a principal in Supreme Court proceedings relating to variations and delays in the construction of a large shopping centre.
- Acting for a large construction company during its involvement in the Royal Commission into the Building and Construction Industry.
- Acting for a drilling contractor in a major building and construction dispute in the Supreme Court of Queensland relating to the Goodwill Bridge.
- Advising joint venture partners to major alliance contracts in Queensland, such as the Tugun Bypass Project in the Western Corridor Recycled Water Project.