Cooper Grace Ward’s disputes lawyers handle all types of building and construction claims, disputes and litigation.
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 of lawyers combine litigation and dispute resolution expertise with an outstanding track record of resolving each dispute commercially, as well as through formal proceedings as necessary.
In building disputes and construction litigation, we regularly advise and represent client in their dealings with regulators, courts and tribunals. This includes the Queensland Building and Construction Commission (QBCC) and the Queensland Civil and Administrative Tribunal (QCAT).
Clients rely on our team’s quality of expertise and advice, and commitment to client service, to navigate through complex disputes.
We have significant experience in security of payment matters. Our expertise includes:
Our team also regularly deals with subcontractors’ charges issues.
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.
Cooper Grace Ward has 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.
A party to a construction contract with an entitlement to claim damages for breach of contract may also be entitled to claim consequential loss.
Parties to commercial contracts commonly agree on dispute resolution processes to seek to avoid court proceedings in the event of a dispute. These often provide very limited scope for an unsuccessful party to challenge the result. A recent Queensland case illustrates the risks for unsuccessful parties in the context of an expert determination clause.
The digital age has certainly enhanced our ability to convey information, something that is very important in the building and construction industry. However, technology can also create pitfalls, particularly when it comes to claims under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), where compliance with technicalities is critical. The case of Iris Broadbeach Pty Ltd v Descon Group Australia Pty Ltd gives a recent illustration.