Need help resolving a building dispute? We handle disputes involving defective work, payment issues, and contract disagreements, guiding you through mediation, adjudication, or litigation as needed.
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McCarthy Durie Lawyers
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McCarthy Durie Lawyers
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What We Do
Fast, compliant resolutions for builders and subcontractors dealing with delayed or disputed payments under the Building and Construction Industry Payments Act.
Tailored advice to help builders navigate contracts, compliance, and disputes effectively across all stages of a project.
When things go off track with your build, we step in to resolve disputes efficiently and cost-effectively on your behalf.
Getting paid in full and on time is crucial to your cash flow. We protect your rights and pursue outstanding payments.
Dealing with this right now?
We can talk through your situation and explain your options. No obligation, no jargon.
Our Process
Tell us what is happening. We will listen carefully and explain your legal position in plain English.
We review your contract, correspondence, and any relevant reports to understand the full picture.
We outline your options, the likely outcomes, and the costs involved so you can make an informed decision.
Whether it is a BCIPA claim, negotiation, mediation, or court proceedings, we handle it from start to finish.
We work towards the best practical outcome, keeping you informed at every step along the way.
In Detail
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:
Construction law is complex. When issues arise, it is vital to have the right legal support. Our experienced team provides tailored advice to help builders navigate contracts, compliance, and disputes effectively.
We assist with identifying critical dates and obligations to ensure contracts are properly managed.
Few situations are as stressful as finding yourself in a dispute with your builder. You may have set out to build your dream home, only to encounter missed deadlines, questionable workmanship, and unexpected variations.
When things go off track, it is crucial to get expert legal advice quickly. Our experienced team can step in to resolve your building dispute efficiently and cost-effectively.
As a subcontractor or supplier, getting paid in full and on time is crucial to your cash flow and business survival.
We help you make informed decisions by reviewing contracts to highlight risks and unfair clauses.
Defective or incomplete building work can cause significant financial loss and frustration. Whether you are a homeowner, builder, or developer, we can help you resolve defective work disputes.
The Queensland Building and Construction Commission (QBCC) regulates the building industry and enforces strict compliance requirements. We assist builders and contractors with:
Before signing any building contract, it is essential to understand your rights and obligations. We review and advise on all types of construction contracts including:
Non-payment is one of the most common issues in the building industry. We help builders, subcontractors, and suppliers recover outstanding debts through:
Construction projects involve multiple layers of insurance. When things go wrong, navigating insurance claims can be complex. We assist with:
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:
Few situations are as stressful as finding yourself in a dispute with your builder. You may have set out to build your dream home, only to encounter missed deadlines, questionable workmanship, and unexpected variations.
When things go off track, it is crucial to get expert legal advice quickly. Our experienced team can step in to resolve your building dispute efficiently and cost-effectively.
Defective or incomplete building work can cause significant financial loss and frustration. Whether you are a homeowner, builder, or developer, we can help you resolve defective work disputes.
Before signing any building contract, it is essential to understand your rights and obligations. We review and advise on all types of construction contracts including:
Construction projects involve multiple layers of insurance. When things go wrong, navigating insurance claims can be complex. We assist with:
Construction law is complex. When issues arise, it is vital to have the right legal support. Our experienced team provides tailored advice to help builders navigate contracts, compliance, and disputes effectively.
We assist with identifying critical dates and obligations to ensure contracts are properly managed.
As a subcontractor or supplier, getting paid in full and on time is crucial to your cash flow and business survival.
We help you make informed decisions by reviewing contracts to highlight risks and unfair clauses.
The Queensland Building and Construction Commission (QBCC) regulates the building industry and enforces strict compliance requirements. We assist builders and contractors with:
Non-payment is one of the most common issues in the building industry. We help builders, subcontractors, and suppliers recover outstanding debts through:
Our Team
Latest Insights
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By Michelle Cirson The Australian construction industry is no stranger to price-wars, underpricing and zero percent margins. With supply and demand imposing a volatile tug-o-war over work in the pipeline, contractors have resorted to buying work to
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By John Warlow On 20 January 2022 the REIQ released new versions of its contracts for the sale of houses and apartments in Queensland. The new contracts contain a number of amendments. But most importantly they contain a new Clause 6.2 which gives e
Read moreFAQ
BCIPA (the Building and Construction Industry Payments framework) gives builders, subcontractors and suppliers a fast-track way to recover progress payments. A payment claim is served on the party that owes the money, who must respond with a payment schedule within strict deadlines. If they fail to do so or dispute the amount, the claimant can apply for adjudication and obtain a binding determination quickly.
The respondent generally has a very short window, usually 15 business days, to provide a payment schedule under the relevant security of payment legislation. If they miss the deadline, they can become liable for the full claimed amount and lose the ability to dispute it through adjudication. Acting quickly when a payment claim is received is critical.
Start by documenting the defects in writing and asking the builder to rectify under the contract. If they refuse or delay, you may be able to lodge a complaint with the QBCC, claim under the home warranty insurance scheme, or commence proceedings in QCAT or the courts. We often recommend engaging an independent building inspector to support the claim.
A direction to rectify requires you to fix specified defective or incomplete work within a set time. Failing to comply can affect your licence and result in further penalties. The direction can be reviewed if you believe it was wrongly issued, but the time limits are tight. We assist builders to respond, negotiate, or appeal directions to rectify.
Yes. Domestic building work over the prescribed amount must be carried out under a written contract that complies with the Queensland Building and Construction Commission Act, including specific warnings and consumer disclosures. Operating without a compliant contract exposes the builder to penalties and restricts what they can recover if a dispute arises.
There are limited circumstances where a subcontractor can lawfully suspend work, and these are usually tied to the security of payment legislation after a valid payment claim has gone unpaid and the prescribed notices have been issued. Walking off site without following the correct steps can itself be a breach of contract, so it is important to take advice before suspending.
Online Enquiry
Have a question about building & construction law? Fill out the form below and one of our experienced lawyers will get back to you, typically within one business day.
You do not need to have all the answers. Get in touch and we will help you understand where you stand and what to do next.
