Building Contract Dispute Lawyers

Building Contract Dispute Lawyers

If you are a builder in NSW who carries out residential building works, you will most probably be aware that you need to have a proper written contract for any building works in excess of $20,000.

We can assist builders with the following types of disputes

  • Compliance with the Act – ensure that your contract aligns with the requirements stated in the contract
  • Suitability of Standard Provisions. This means if the contract incorporates standard form provisions as well as needing to verify whether these are applicable to your individual circumstances or if they need to be tailored by including special conditions.
  • Whether the contract needs to include limitation or exclusionary clauses to limit your liability against losses of unusual nature. This is particularly important if other contractors will also be carrying out work overlapping your work.
  • Whether the contract compensates against late payment. This is an important aspect of all building contracts (not just residential) where the builder is responsible to pay other contractors and sub-contractors.

For any queries on the above, don’t hesitate to give us a call.

Frequently Asked Questions

What’s the difference between a major and minor defect?

A major defect is a building defect to a major element that causes (or is likely to cause) either:

  • The inability to occupy or use the building (or part of it) for its intended purpose
  • The destruction of the building, or part of it, or
  • A threat of collapse of the building, or part of it

A minor defect are smaller defects that can affect how a building looks or functions. But minor defects don’t compromise the integrity of the building structure.

Under the Home Building Act 1989 (NSW), owners have:

  • Two years to make a claim for compensation against a builder for minor defects
  • Six years to make a claim against a builder for major defects

Practical Completion is when the builder completes the work outlined in the contract. This is except for any omissions or defects that don’t prevent a homeowner from using the home or renovations.

This is where one of our building and construction lawyers comes in to help builders.

We’ve found that there are many occasions where builders can defend defect claims. The defence tends to fall under one of the following categories:

  • The builder is not responsible for the defect as it wasn’t part of the Scope of Work
  • The builder doesn’t believe the work is defective, or
  • The homer brought the claim out of time.

If you’re a builder who needs help defending a claim by a homeowner, contact us for an obligation-free chat

Not at all. In fact, we work hard to get you an early settlement so that Court proceedings aren’t necessary. This means less stress for you. And it keeps your legal costs and the impact on your profitability to a minimum.

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