Construction Disputes

Construction matters can be highly technical, not just from a legal perspective, but from a building perspective. You need lawyers that are experienced litigators who are attentive to the level of detail that you need.

If there is a debt dispute we will fight for you, and if it’s a technical dispute, we will examine the matter, make a recommendation for a relevant expert, and brief them in a way that works to reduce any adverse disclosure obligations.

Know that, at Gibbs Wright Lawyers, we pride ourselves on our motto, ‘preparation, preparation, preparation’ and will work tirelessly to develop your case.

If difficulties arise from a disagreement, we offer advice and representation should you need to defend or pursue a construction dispute.

How do Construction disputes arise?

Construction disputes often arise as a result of a breach or expected breach of a construction contract, negligence, promissory estoppel and/or quantum meruit and valebat. In other words, poor workmanship or non-payment of money.

Not every construction dispute has the same technical issue. The issue could be as simple as not using stainless or galvanised fittings when you should. Another example is using untreated timber to build a pole home when H3 treated timber should have been used. Sometimes the matter can be vastly more complex with different experts arguing over what the correct answer is.

Construction disputes are a large financial impost on a company and the loss of a construction dispute can often lead to dire financial consequences. This is particularly true for property developers who often take risks on larger projects.

Construction Dispute Examples

The following examples are just some of the many types of construction disputes that arise:

  • Payment and progress claims;
  • Breach of contract;
  • Dispute over building or development codes or quality of work;
  • Dispute over regulations (including fire safety);
  • Incomplete building work;
  • Inspection or report disputes;
  • Licencing issues;
  • Misleading and deceptive conduct;
  • Permit issues; and
  • Rectification work.