Construction Defects

Our Sydney Building & Construction Lawyers specialise in managing construction defect claims. With a wealth of experience in resolving defect claimse we assist with facilitating expert consultations, handling negotiations and managing litigation to effectively resolve disputes and safeguard your business interests.

Get Expert Advice

Legal Support for Construction Defects

Construction defects can significantly impact the safety, quality and value of a construction project, leading to disputes and costly repairs if not properly addressed. It is important that you obtain the right advice when dealing with construction defects to protect your business interests.

Our lawyers have significant experience in dealing with construction defects and assisting in minimising any losses in dealing with these defects. Typically, the first step would be to engage an independent third-party expert. The expert will investigate the defect and provide an opinion as to whether the defect is in fact a defect and an opinion as to the most appropriate and cost-effective methodology to have the defect rectified. Engaging an independent expert is extremely helpful in allowing the parties to resolve the dispute without the need to litigate the dispute.

As part of our service offerring, we regularly attend site visits with our clients, allowing us to fully appreciate the nature of the dispute and the defects.

We provide assistance with construction defect claims, including:

Navigating statutory warranties under relevant laws relating to defects, including warranties contained under the Home Building Act and the Design and Building Practitioners Act.
Attending site visits to investigate the defects with you.
Identifying the most appropriate expert to be retained and ensuring that they are properly briefed.
Acting on your behalf in any negotiations with respect to defects, including the preparation of relevant deeds documenting any negotiated resolution between the parties.
Providing advice on navigating disputes in relation to defects.
Acting on your behalf if the defects are litigated.

Speak to a Lawyer Now!

What are common issues in construction disputes?

Common issues in construction disputes include contract breaches, project delays, defective works, claims for variations and payment disputes.
How can I resolve a breach of a construction contract?

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.
What does the Security of Payment Act cover?

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.
How do I submit a variation claim?

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.
What is the process for requesting an extension of time to construction works?

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.
How can I effectively manage construction disputes?

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

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.
How do I resolve defect claims in construction work?

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.

Abboud & Associates: We've Got You Covered

At Abboud & Associates Law Firm, our expertise extends beyond Building & Construction matters to cover a variety of legal areas. Whether you require assistance with Commercial Litigation & Contractual Disputes, Property & Conveyancing or Debt Collection, our team is here to provide expert guidance and support. Click here to explore our full range of services and find out how we can assist you.