Building and Construction Disputes
We are experienced in building and construction disputes. Contact one of our building and construction dispute lawyers for a consultation where we can discuss your options and how we can help.
Building and construction disputes occur in a variety of ways, but usually when you are renovating or building. The laws surrounding building and construction work are complex. For example, if you have chosen your builder or tradesperson, they must give you a written contract if:
the contract price is over $5,000 (inc. GST); or
the contract price is not known, is for the provision of labour and materials by the contractor the reasonable market cost of which is more than $5,000 (inc. GST).
Jobs worth between $5,000 and $20,000 require a ‘small job’ contract with basic information, while building jobs worth more than $20,000 must be covered by more extensive written contracts. Such contracts must contain a number of things, some of which include:
a clear description of the work to be carried out
the contract price, displayed clearly and with a warning should it be subject to change or variation
relevant warranties required by the Home Building Act 1989
a progress payment schedule, which can include fixed payments, progress payments or a combination of the two
a note that you are must be given an insurance certificate under the Home Building Compensation Scheme (if the job is over $20,000)
Before a builder takes on a job, they may ask for a deposit. Usually for smaller jobs (say for less than a few thousand dollars), you will probably not be asked to pay a deposit. For larger jobs which include a significant amount of material, the builder may ask for a deposit up to 10% of the contract price.
There are also a number of statutory warranties that exist in order to protect consumers irrespective of whether or not they are explicitly stated within the contract. Some of theses warranties include:
that the work must be performed with due care and skill
that the work will result in a dwelling that is reasonably fit to live in
materials will be new (unless specified otherwise)
Building and construction disputes require a lawyer familiar with the relevant legislation and the common law. Our lawyers have acted for many clients involved in building and construction disputes and have the experience and drive to help you resolve the dispute. Contact the team at Pagin + Mak Lawyers for a first free initial phone consultation. We are more than happy to discuss any questions you may have and explain the process in greater detail.
Disclaimer:
The information above is intended as general information only and should not be relied on. You should discuss your individual situation with a lawyer.
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