In the throes of a building dispute? Drawing the short straw and not getting paid? In hot water for a serious building defect or for defaulting on payments? We’re experts in handling the full spectrum of construction law Australia issues.
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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 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
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.
I don’t believe all of the agreed building work has been fulfilled and I am being asked to pay, do I have to?
Payment for construction works executed is generally governed by
your contract. We would advise, as a first step, that you check the terms of your contract. Having said, the general rule is that you should not be paying for works that have not been executed. If you are building a home, be warned that making payments ahead of time (that is for works not executed) can void your insurance under the QBCC Home Warranty Insurance Scheme.
Am I able to check in on my new building site when I please?
No. Any access to the building site is generally with the agreement of the builder. Your contract may specify how site visits are to be arranged so as to ensure compliance with Work Health and Safety Regulations.
Since our paid build has been completed and we’ve moved in, I have noticed plenty of problems that were not picked up in the handover. What should I do?
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.
The builder of my home has lost their QBCC license but still wish to complete the build, is this allowed?
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.
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.
Are there any construction dispute specialists in my area?
Rostron Carlyle Rojas have a team of highly experienced building and construction lawyers ready to work with you across Brisbane and Sydney.
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