Construction & Building Disputes
Unfortunately due to the nature and cost of building and/or subcontract works and often due to the differences in each party’s expectations, it is not uncommon that disputes or issues arise between parties during the course of construction or building works.
Builders & Subcontractors
As a builder or subcontractor there may be times where you are owed money or otherwise become involved in a building dispute.
Whether your agreement to perform works is verbal or in writing, the agreement will be governed by contract, along with any applicable legislation. Beyond legislation which sets out licensing and contract requirements, legislation also exists which deals with payment for works and security for payment.
Building Contracts & Contracts for Works
Whether you are a party engaging a builder or subcontractor or you are builder or subcontractor it is important to understand the rights and obligations imposed on you under the contract for works and at law.
Perhaps one of the most important yet most frequently overlooked matters when it comes to performing building or sub-contract works is ensuring that you have a written agreement in place that clearly defines the roles and duties of each party.
Equally important is ensuring that you understand any such written agreement and have the opportunity to negotiate the terms of the agreement (where applicable). Failure to address these issues can often lead to problems that could be avoided.
Disputes that we often deal with include issues such as:
- Non payment for works;
- Defective works;
- Variation and cost overruns;
- Subcontractors’ charges;
- Breaches of contract;
- Home Warranty Insurance;
- Builders becoming bankrupt or abandoning the job.
How We Can Help
We can assist by:
- Drafting or negotiating a building contract or contract for works;
- Explaining your rights and obligations under the building contract and the impact of any applicable legislation;
- Taking a hands on approach to managing or resolving a building matter or dispute.
For more information please contact: