Building & Construction

Common issues in construction disputes include contract breaches, project delays, defective works, claims for variations and payment disputes.

To resolve a breach of a construction contract, first assess your rights under the contract and confirm if a breach has occurred. You should immediately seek legal advice to explore your options, which may include alternative dispute resolution methods, such as mediation, or commencing proceedings.

The Security of Payment Act is a powerful legislative tool which provides mechanisms for contractors to claim payments, address payment disputes and suspend work if payments are not made.

A variation claim must be submitted in accordance with your contract. Ensure you understand the necessary requirements under the contract for a valid payment claim, which can include a specific form and the annexing of supporting documents to substantiate your claim.

An extension of time request must be submitted in accordance with your contract. Ensure you understand the necessary requirements under the contract for a valid request, which can include a specific form and the annexing of supporting documents to substantiate your claim.

Manage construction disputes by engaging in early discussions, documenting all communications, reviewing contract terms and seeking prompt legal advice to explore your options.

To suspend construction works, follow the procedure outlined in your contract. If the contract lacks specific suspension procedures, you may have the right to suspend work under the Security of Payment Act. It's advisable to seek legal advice to ensure you comply with any contractual obligations and the Security of Payment Act.

To resolve defect claims, start with early communication and investigate the alleged defects to verify their validity. Maintain open communication to negotiate a resolution, including a clear methodology for rectification. It may also be beneficial to engage an independent expert for a thorough inspection and assessment. If the dispute continues, seek legal advice to navigate and resolve the dispute efficiently.