If you’re a builder or subcontractor dealing with delayed payments, we can help you make or respond to BCIPA (Building and Construction Industry Payments Act) claims to ensure fast, compliant resolutions. We assist with:

• Payment claims & schedules

• Adjudication applications & responses

• Reviewing adjudicator decisions

• Securing adjudication certificates & judgment debts

Construction law is complex — when issues arise, it’s vital to have the right legal support. At McCarthy Durie Lawyers, our experienced Building & Construction Law team provides tailored advice to help builders navigate contracts, compliance, and disputes effectively.

As members of key industry bodies, we understand the construction sector and focus on delivering practical, business-savvy legal solutions.

Contract Administration
We assist contract administrators with identifying critical dates and obligations to ensure contracts are properly managed and disputes are avoided. With multiple subcontractors and suppliers, coordination is key — and we help you stay on track to protect timelines, cash flow, and profitability.

We provide legal support for:

• Fixed price contracts

• EPC and EPCM contracts

• Early Contractor Involvement (ECI)

• Alliance contracting

Security of Payment Advice (BIF Act)
The Building Industry Fairness (Security of Payment) Act 2017 introduced strict rules and deadlines. Non-compliance can be costly — but we can ensure your payment processes are compliant and help you with:

• Payment claims and schedules

• Adjudication applications and responses

• Reviewing adjudicator decisions

• Obtaining adjudication certificates and judgment debts

QBCC Compliance & Disputes
We provide advice on all dealings with the QBCC, including:

• Responding to homeowner complaints

• Directions to rectify

• Penalties and licensing issues

• Warranty insurance claims

• QCAT reviews

Few situations are as stressful or disheartening as finding yourself in a dispute with your builder. Most builders deliver excellent work – but sometimes, things go wrong, and you're left dealing with a 'bad apple'.

You may have set out to build your dream home or simply renovate your kitchen – only to encounter missed deadlines, questionable workmanship, and unexpected variations. What started as an exciting project has now turned into a source of frustration and uncertainty.

How MDL Can Help

When things go off track, it’s crucial to get expert legal advice quickly. McCarthy Durie Lawyers’ experienced Construction Law team can step in to resolve your building dispute efficiently and cost-effectively, allowing you to move forward with confidence.

We have the systems, resources, and in-depth legal knowledge to act quickly and strategically. Whether you’re a homeowner, builder, or subcontractor, our goal is to help you reach the best possible outcome as swiftly as possible.

Transparent, Cost-Effective Legal Advice

We understand that legal costs are likely not something you budgeted for in your build. That’s why we offer clear, upfront estimates and ongoing updates – so you remain informed, in control, and confident throughout the process.

As a subcontractor or supplier, getting paid in full and on time is crucial to your cash flow and business survival. Yet too often, you're left chasing payments — stuck at the “bottom of the food chain” in the construction industry.

If a payment issue or dispute arises, McCarthy Durie Lawyers’ Building and Construction Law team is here to help. Our experienced solicitors understand the realities of your work and can provide practical, targeted legal advice.

We regularly assist subcontractors and suppliers with:

• Pre-contract advice

• Security of Payment matters

• QBCC compliance and dispute issues

Pre-Contract Advice: Understand Before You Sign

Securing a new job is a great win — but signing onto a subcontract can be risky if you don’t fully understand the terms.

We help you make informed decisions by:

• Reviewing contracts to highlight risks and unfair clauses

• Recommending amendments to protect your interests

• Explaining your rights and obligations in clear, practical terms

The construction industry has unique contract requirements, and our team has the industry knowledge and legal expertise to give you the confidence to move forward — and avoid disputes later.

Security of Payment: Get Paid Faster and With Confidence

The Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) sets out strict timeframes and procedures to ensure you get paid promptly. Introduced in December 2018, it replaced the previous BCIPA legislation and brought new rights and obligations.

Are you BIF Act compliant?

If you're unsure whether your current systems and documentation meet the Act’s requirements, we can help. We’ll conduct a review to make sure you're in the strongest position to issue valid claims — and get paid faster.

We can assist with:

• Drafting and issuing Payment Claims

• Responding with Payment Schedules

• Preparing Adjudication Applications and Responses

• Reviewing an Adjudicator’s Decision to assess:

  • Jurisdiction

  • Procedural fairness

  • Legal errors

  • Reliance only on submitted material

• Obtaining Adjudication Certificates

• Enforcing payment through court by seeking a judgment debt

If you’re worried about delayed payments or a stalled payment plan, reach out to our team for advice tailored to your situation.

Advice on QBCC Issues

We regularly act for subcontractors and suppliers in matters involving the Queensland Building and Construction Commission (QBCC).

Our construction law team can provide advice and representation on:

• Handling homeowner complaints

• Responding to QBCC directions to rectify

• Navigating QBCC penalties

• Dealing with Home Warranty Insurance claims and decisions

• Understanding scope of works decisions and your liability to pay

• QCAT jurisdiction to challenge decisions

• QBCC licensing issues including:

  • Nominee/supervisory roles

  • Excluded individuals

• Minimum financial requirements (MFRs) and how to stay compliant