Building and Construction Litigation

Building and construction litigation can be complex and costly, particularly where the legal issues are not properly identified at an early stage.

While most disputes arise under a building contract, a range of legislation and other legal instruments may also affect the rights of the parties. These include:

• Whether a domestic building contract has been properly formed and complies with the QBCC Act and Schedule 1B requirements
• Whether the agreement complies with unfair contract provisions under the Australian Consumer Law
• In commercial contracts, whether rights under the Building and Construction Industry Security of Payment Act have been triggered

Where issues are not addressed early, parties may rely on gaps or inconsistencies in contracts and legislation. These risks highlight the importance of obtaining clear legal advice at the outset of a building dispute.