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Enterprise Legal
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Building & Construction Disputes

BUILDING AND CONSTRUCTION DISPUTE LAWYERS

Commercial Solutions to Construction Disputes

Property law legal dispute with miniature houses and gavel on wooden table.

Building and construction disputes are among the most stressful and costly issues faced by both property owners and industry professionals. Whether you’re a homeowner dealing with a non-responsive builder, a contractor disputing unpaid invoices, or a developer facing delays or defective work, early and strategic legal advice is essential.

At Enterprise Legal, we act for clients across Australia in all types of building and construction disputes. We help homeowners, builders, subcontractors, and developers resolve issues quickly and commercially. Our team understands that prolonged legal fights delay progress, damage reputations, and cost money. That’s why we provide clear advice, realistic options, and where possible, fixed or capped fees.

We are familiar with all major construction contract types used across Australia, including Australian Standard, HIA, and Master Builders contracts, as well as bespoke agreements. Whether your dispute relates to residential, commercial or infrastructure works, we’ll guide you through the process with a focus on resolution and results.

If you’re looking for guidance before a dispute arises, see our dedicated Construction Law pages for Contractor Services and Homeowner Services.

Common Building and Construction Disputes

We assist clients with a wide range of disputes, including defective or incomplete work, non-payment, contract breaches and delays. For homeowners, this often involves enforcing your rights under statutory warranties or seeking compensation for poor workmanship. For builders or subcontractors, it may involve recovering outstanding payments or defending against unjustified complaints.

Other common disputes include claims involving liquidated damages, termination, site access, scope variations, and disagreements over project timelines. These disputes can arise mid-project or well after handover, and we are experienced in stepping in at any stage to help you regain control.

Navigating Dispute Resolution Processes

Most construction disputes can be resolved without going to court. Depending on the nature and value of the dispute, we assist with a range of resolution options including direct negotiation, mediation, tribunal proceedings, and litigation where necessary.

In Queensland, many residential construction matters begin with a complaint to the Queensland Building and Construction Commission (QBCC). The QBCC may issue a Direction to Rectify or facilitate early dispute resolution between the parties. If the matter cannot be resolved at that stage, it may then proceed to the Queensland Civil and Administrative Tribunal (QCAT) for a binding decision. We regularly assist with QBCC complaints, responses, and submissions, as well as representation in QCAT.

For disputes outside Queensland, we advise on the equivalent tribunal and regulatory bodies in your jurisdiction and tailor our approach to suit local laws and processes.

GOT A QUESTION?

Building & Construction Dispute FAQs

Facing a dispute with a builder, contractor or property owner?

Book a consultation with our experienced construction dispute lawyers today and take the first step toward resolution.

Professional law firm consultation in Toowoomba, Queensland, specialising in property law.
What is considered defective building work in Australia?
Defective work includes any building work that doesn’t meet contractual requirements, accepted industry standards, or legal obligations. This can include structural faults, leaking roofs, unsafe installations, or unfinished elements. Legal definitions can vary by state and contract, so it’s important to get tailored advice.
What should I do if my builder has stopped working or walked off site?
You should not immediately terminate the contract without legal advice. Improper termination could expose you to claims. Contact us quickly so we can review the contract and help you take the right next step to protect your rights.
Can subcontractors recover unpaid amounts for variations or invoices?
Yes, provided there is enough documentation and compliance with contract terms. We can assist with formal demands, negotiation or legal action to pursue outstanding amounts.
What are my options if I’m in a dispute with a builder or contractor?
Depending on your situation, your options may include making a formal complaint (such as to the QBCC), issuing a breach notice, engaging in mediation, or starting tribunal or court proceedings. We can assess your contract and recommend the best path forward.
Do you help resolve disputes interstate?
Yes. While we’re based in Queensland, we act for clients nationwide and understand the relevant legislation, contracts and processes in all Australian jurisdictions.