Specialist Construction Lawyers, On Your Side.
Our Construction Law Services
From project planning and contract development to project completion and maintenance, whether you’re building or buying, our expert construction lawyers can help.
What Our Clients Say
Meet Our Experienced Construction Lawyers
Our construction team are experienced in even the most complex situations, responsible for protecting the commercial and personal circumstances of a wide variety of tradespeople and individuals across the country. Trust in those with a proven track record.
Your Building Dispute Questions, Answered
What construction law services to do you offer?
What sets us apart from other construction lawyers is that we are committed to delivering the best commercial outcomes for our clients. From drafting building contracts to advising on building contract disputes, we will guide you through every step of the way. We can assist with legal representation in court and other tribunals covering a wide range of commercial and residential building disputes such as:
• Contract interpretation and advice
• Defective and incomplete building work matters
• Extension of time claims
• Claims for liquidated damages
• Claims for variations
• Recovery of payment for building works executed
I am a subcontractor. How can you help me?
Our construction lawyers have assisted subcontractors with a wide range of services, including:
• Security of payment advice
• Recovery of payment by way of subcontractors’ charge
• Variation claims
• Extension of time claims;
• Claims for liquidated damages;
• QBCC licensing advice;
• Claims for delay, defective and incomplete works;
• Disputes about time bars, set off and abatement;
• Representation in Courts and other tribunals for building disputes
• Quantum meruit claims; and
• Contract termination
I am a contractor. How can you help me?
Our construction lawyers have assisted contractors with a wide range of services, including:
• Variation claims
• Extension of time claims;
• Claims for liquidated damages;
• Money owed disputes with subcontractors and homeowners;
• QBCC licensing advice;
• Representation in Courts and other tribunals for building disputes;
• Claims for delay, defective and incomplete works;
• Disputes about time bars, set off and abatement;
• Quantum meruit claims; and
• Contract termination
How long does litigation usually take for building and construction disputes?
This is dependent on the nature of the building dispute at hand and the case load of the QBCC or Court or Tribunal. Currently, the QBCC is taking between 6-8 weeks to respond to formal matters lodged. Where a building dispute matter is filed in QCAT, or the courts it may take anywhere between 6 months to 18 months to obtain judgment
My new home build has taken a lot longer than expected. Do I have any legal rights?
Yes, depending on the building contract, you may have the option to claim liquidated damages for delay. In some circumstances, you may also seek termination of the building contract. If you have not yet signed a building contract, Rostron Carlyle Rojas Lawyers has fixed fee packages for the review of standard form residential building contracts.
Is it possible to complete a build without a QBCC license?
No, a builder who is no longer licensed cannot legally undertake any works. In the event that a builder completes the build without an appropriate license, the builder can be subject to significant fines. You will need to engage another builder to complete your home if your builder no longer holds a license.
I have noticed defects in our property since we moved in. What are my rights?
Your contract should have a defects liability period, usually of 12 months from the date of practical completion. During the defects liability period, the builder is required to attend to minor defects at his cost. If you notice any defects, contact your builder and request (in writing) your builder to rectify any defects. If your builder refuses to attend to the defects, you may make a complaint to the Queensland Building and Construction Commission.