Building Dispute Lawyer – Brisbane

With the Brisbane construction boom happening, construction defects claims are also on the rise. A major concern is poor workmanship by contractors and builders. Poor workmanship refers to the lack of quality and skill put into a construction project. If builders are not mindful of the quality of their work and do not follow the specifications of use the wrong materials, the finished product can lack the quality that the homeowner expects.

Defective work is in breach of a construction contract by failing to maintain a specified standard or quality or is a breach of any implied warranty. Often times, the failure of building structures are due to poor workmanship and subpar quality control processes in a construction site.

A building defect is work undertaken that either has failed or is not in compliance with the Building Code of Australia as well as Australian Standards.

Contractors should execute specifications as stated on the construction contract and be mindful of the quality and expertise put into a project. They should make sure that they are up to code. Neglecting such vital details will most probably result in expensive repairs, building disputes, and lawsuits, especially since defective work can lead to injuries or even death.

Here are some examples of defective work and poor workmanship by builders:

• installing products and materials incorrectly 
• water leaks and faults in waterproofing that only come up after a strong rain 
• damaged electrical wiring 
•  tiling or plumbing problems 
• incorrect water-to-cement ratio 
• cracks in walls and foundations 
• poor concrete compaction 
•  concrete spalling 
• use of materials of unsatisfactory quality 
• work not compliant with drawings and specifications of a construction contract 

Most construction contracts also say that all payments are “on account” – meaning, even if the builder has been paid and the owner later finds that works are defective, the owner may recover the payments previously made.

The builder may also be required under the contract to remedy the defective works. If the builder fails to remedy the defective work within the time required, the owner may engage another person to carry out the remedial works and later recover the costs from the builder.

In some building disputes, clients complain that there are building works that have not been completed as per their construction contract.

Incomplete works usually give rise when a building contract has been terminated by either party. Building disputes happen when the builder suspends the works without proper notice or cause. Late completion is primarily a contractual matter between the homeowner and the builder.

If there are delays in the construction project, the builder must keep the owner informed and should take steps to negotiate any contractual adjustments that need to be made.

All types of variations to a home building work contract must be in writing. Most construction contracts will contain provisions that address the event of a builder not meeting the agreed date for completion.

And in some cases, a builder just completely abandons the project. The builder stops the works and does not return to the residential building, thus leaving homeowners in an undesirable position, baffled about what to do next.

Abandonment occurs when a builder is no longer able to perform or complete the work stated in their construction contract. Without a valid, legal excuse, this can make a contractor responsible for reimbursing the owner for any costs incurred as a result of the situation.

Suspicious project breakdowns, excessive use of materials, and disagreements to cost, nature and extent of works are some other causes of building disputes that our construction solicitors regularly encounter.

A variation (sometimes also called as variation instruction, variation order or change order) is a modification to the scope of works in a construction contract. It can be in the form of an addition, substitution or omission from the original scope of works.

Disagreements about these variations are common causes of building disputes in Sydney. Should there be changes to the construction plan, ideally the builder should keep the owner informed and will negotiate any contractual adjustments that need to be made- be it an extension of time and what not.

All variations to a home building work contract must be in writing. But this is not always the case, thus our construction lawyer handles these legal cases and tries to find them the best and most cost-efficient solution.