Construction Disputes

Under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), our team advises that any person who performs construction work or supplies related goods and services is entitled to progress payments. A payment claim must be served on the party liable to pay, identifying the work performed and the amount claimed. The respondent has 15 business days to serve a payment schedule. If no schedule is provided, the full amount claimed becomes due. An adjudication application can be made within 30 business days of serving the claim (10 business days if no payment schedule).

Defective building work claims, which our team handles, are governed by the QBCC Act. Defective building work claims in Queensland are governed by the Queensland Building and Construction Commission Act 1991 (Qld). Homeowners can lodge a complaint with the QBCC for defective work by a licensed builder. The QBCC can issue a direction to rectify requiring the builder to fix the defects at their own cost. For claims up to $350,000, QCAT has jurisdiction to hear building disputes. The statutory warranty period is 6 years for structural defects and 12 months for non-structural defects from practical completion.

For breach of a building contract in Queensland, our team helps clients pursue or defend claims. The limitation period is 6 years from the date of breach under the Limitation of Actions Act 1974 (Qld). This applies to both written and oral contracts.

Yes, delay damages (also called liquidated damages) can be claimed if the construction contract includes a delay damages clause. Our team helps you pursue liquidated damages under your contract. The amount must be a genuine estimate of the loss likely to be caused by delay. If the amount is extravagant or unconscionable, it may be struck down as a penalty.

Subcontractors in Queensland have strong statutory protections under the BIF Act. Our team helps subcontractors enforce their rights. have powerful statutory protections under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) and the Subcontractors' Charges Act 1974 (Qld). A subcontractor can serve a payment claim under the BIF Act, and if unpaid, can adjudicate the dispute within strict timeframes. Additionally, a subcontractor may lodge a charge over amounts payable to the head contractor by the principal. Non-payment also allows the subcontractor to suspend work and lodge a QBCC complaint seeking a direction to pay.