Building & Construction Disputes

Have you got a building dispute?

It’s fair to say, building is fertile ground for disputes. Seldom is a building able to be built according to the design, contract and specifications agreed to without modification along the way. Consequently, building involves risk and almost inevitably, disagreements.

Gibbs Wright Litigation Lawyers deal with disputes on behalf of both builders and property owners in the Queensland Civil and Administrative Tribunal (QCAT) and the Queensland Courts.

We can assist individual homeowners and businesses involved in building projects, as well as builders, developers and suppliers involved in domestic or commercial building work.

Most of our clients are presently being impacted financially in a number of ways by the current economy, and we are here to give sound, practical advice to help them achieve the most commercial outcome for their circumstances.

Should I get a lawyer?

This typically depends upon how serious your matter is, and what the dispute relates to. Minor changes to the design or scope or timing of the building work can usually be agreed to and documented without the need for legal involvement.

You should consider getting a lawyer if your issue falls into any of these categories:

  • I am having a dispute with my builder over the time being taken to finish the work
  • I am having a dispute with my builder over varying the scope of the work
  • I am unhappy about the quality of the building work being done
  • I wish to terminate my building contract and engage a new builder
  • I am unhappy about defects in the building work that was done
  • I am in dispute with my builder over money being claimed by them
  • I am having difficulty getting the owner to agree to necessary changes to the work
  • I am having difficulty resolving a defects dispute with the owner
  • I have a dispute with a supplier over the quality of the materials they supplied to me
  • I am having difficulty getting paid for my work by the owner
  • I am experiencing financial difficulties
  • I have received notice that the owner of the building work is insolvent
  • I have received a subcontractor’s charge
  • I have received a payment schedule under BCIPA
  • I have been served with QCAT or Court proceedings
  • the QBCC is threatening to cancel my licence
  • I have received a creditor’s statutory demand
  • The builder or homeowner I am supplying to is not paying me
  • The builder, head contractor or developer involved in the project has gone into voluntary administration or liquidation
  • A third party is claiming a charge or lien over materials I have supplied and wish to recover
  • A dispute has arisen regarding the quality or performance of the materials I have supplied

How we can help you

Gibbs Wright Litigation Lawyers are skilled negotiators; we negotiate multi-million-dollar lawsuits, so we know what it takes to get a deal done.

Negotiation is necessary, regardless of whether you’ve received a demand to pay a debt or are being threatened with disciplinary or other proceedings.

Our experienced lawyers can provide advice on any range of issues affecting the building industry whether as representing individual homeowners to large development companies in areas such as domestic building work, commercial building work, securing contractual performance, subcontractors’ charges, licensing, insolvency and building and construction dispute resolution.

We are also diligent and flexible with our fees. We want to help businesses stay afloat, and we know that in times of financial restraint, obtaining good legal advice can be a tough decision. Talk to us to see what solutions we can offer you.

Areas we can assist in

We can review the issues in dispute and open a dialogue with the other parties to the dispute on your behalf to move towards an out-of-Court resolution.

We can draft a formal contractual or legal demand or claim for you to issue, or which we can issue on your behalf, such as a progress claim, a payment claim, a request for a variation, a direction to rectify, a show cause notice, a notice of termination, a request to release a bank guarantee, a subcontractors’ charge, a creditor’s statutory demand, a bankruptcy notice, a QCAT application, or any other Court proceedings required to enforce your rights.             

We can draft a formal response to any formal contractual or legal claims being made against you and/or your business, such as a progress claim, a payment claim, a request for a variation, a direction to rectify, a show cause notice, a notice of termination, a request to release a bank guarantee, a subcontractors’ charge, a creditor’s statutory demand, a bankruptcy notice, a QCAT application, or any other Court proceedings.

We can arrange for and represent you at a formal or informally arranged mediation between the parties in dispute where the issues are discussed without prejudice before an independent mediator who attempts to guide the parties toward an out-of-Court resolution.

We can arrange for and represent you at any arbitration required by the dispute resolution provisions of your building contract where an independent arbitrator will obtain evidence from each party to the dispute and then make an award or decision binding on the parties.

We can represent you at any appearances before QCAT provided the dispute is sufficiently complicated to entitle us to obtain the leave of the Tribunal to do so.

All our solicitors are admitted to practice in Queensland and have an automatic right of appearance in all the State Courts and can represent you in any proceedings in those Courts.

We can assist you to enforce any arbitration award, QCAT decision or judgment or order of any of our Courts against the unsuccessful party to the dispute or proceedings.

If you are a builder or supplier experiencing regulatory difficulties with QBCC or any of the over-arching government bodies affecting your industry, we will be able to review and advise you upon your current circumstances and available options.

Personal financial circumstances can change dramatically in the current economic climate. If this happens to you, we can provide considered and practical advice on your insolvency options and your options for dealing with creditors to achieve the most advantageous outcome for you and/or your business.

A company’s financial circumstances can change dramatically in the current economic environment, quickly placing its directors at risk of insolvent trading and breaching other director’s obligations to company shareholders. If you are concerned that your obligations as a company director may be being impacted by the deterioration in economic conditions, we can review your company’s circumstances and options and provide practical advice around how best to respond to your situation.                  

Impact of COVID-19

At Gibbs Wright Litigation Lawyers we ensure that we stay abreast of the impact on your dispute of the economic and legislative changes brought about by the COVID-19 Pandemic. This includes re-evaluating the prospects of your dispute or Court proceedings and a consideration of the impact on settlement options available to you.

As the impacts of the COVID-19 Pandemic continue to develop, the ability to commence, progress and settle disputes including litigation or other ADR processes, may be disrupted. Litigated proceedings may be impacted by delay and unforeseen circumstances. Situations that may arise may not be currently foreseeable such as rapid change in asset values or parties to disputes going into liquidation or becoming bankrupt.

During the COVID-19 Pandemic there may also be greater uncertainty an unpredictability around whether a party will ultimately be able to satisfy settlement terms, or whether the terms may be impacted by legislative or economic changes.

Rest assured that at Gibbs Wright Litigation Lawyers our considered and practical approach to your building dispute will include advice that is both timely and relevant to assist you and/or your business to navigate these trying economic times.

Do you need a Litigation Lawyer?

We offer an initial, no cost, obligation-free consultation to assess the strength of your case.