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Building Adjudication Dispute Lawyers

If you’re involved in a building or construction payment dispute, acting quickly is essential. Strict statutory deadlines apply at every stage, missing them can affect your right to recover payment or defend a claim. Our commercial litigation lawyers can help you protect your position.

Resolving Payment Disputes in Building and Construction

Under Queensland’s Building Industry Fairness (Security of Payment) Act 2017 (BIFA), contractors and subcontractors can recover unpaid amounts through statutory adjudication, a faster alternative to court, operating on a “pay now, argue later” principle.

Whether you’re a head contractor, subcontractor, or supplier, we can assist with payment claims, adjudication applications, and defending claims to get you a fair outcome.

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If you are interested in meeting with an accountant or lawyer regarding your business or commercial interests, please fill out the form to book an appointment or call (07) 5444 1022

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What a Building Adjudication Dispute May Involve

Construction payment disputes often arise in situations such as:

  • Unpaid progress payments for completed construction work;
  • A payment schedule that undervalues the work completed;
  • Failure to provide a payment schedule within the required 15 business day timeframe;
  • Disputes about variations or scope of works;
  • Claims relating to defective or incomplete work;
  • Disagreements between contractors, subcontractors and supplier.

As the adjudication process operates under strict statutory deadlines, delays can affect your ability to recover money or defend a claim. Obtaining legal advice early can help ensure the correct steps are taken within the required timeframes.

 

Methods of Resolving Building Payment Disputes

Depending on the nature of your matter, certain construction payment disputes may be resolved through adjudication under the Building Industry Fairness (Security of Payment) Act 2017. This process allows parties involved in a construction project to seek an independent determination about disputed progress payments.

An adjudication application is typically made after a payment claim has been served and the payment amount is disputed or not paid. The application is then referred to an independent adjudicator, who reviews the submissions and supporting documentation from the parties involved.

As strict legislative requirements and deadlines apply, obtaining legal advice early can help ensure that documents are prepared correctly and that your rights are protected throughout the process. Learn more about how the adjudication process works in our detailed guide.

 

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Common Building Adjudication Matters

Our construction lawyers handle your case with strategic care. Whatever the cause of your payment dispute may be, we work on your behalf to reach a favourable outcome

Unpaid progress payments

If you’ve completed construction work and haven’t been paid in full by the due date, we can help you lodge an adjudication application to recover the amount owed. Strict timeframes apply, so acting early is critical. Your goal may be recovering the full amount or negotiating a fair settlement.

Disputed payment schedules

If you’ve received a payment schedule that undervalues your work or disputes your claim, we can review the schedule, prepare your submissions and represent your position to the adjudicator. We will work to identify the issues and present a strong case on your behalf.

No payment schedule received

If the other party fails to provide a payment schedule within the required timeframe, they may become liable for the full amount claimed. We can help you move quickly to adjudication and take enforcement action to recover what you’re owed.

Defending an adjudication claim

If a claim has been lodged against you, we can prepare your response within the required timeframes. We will review the claim, assess the merits, and present your case to the adjudicator. Your goal may be reducing the claimed amount or having the claim dismissed.

Defective or incomplete work

If you’re withholding payment due to defective or incomplete work, or your payment is being withheld over alleged defects. We can advise on your rights and work to resolve the matter through adjudication or negotiation.

Enforcing a decision

If a decision has been made in your favour but the other party hasn’t paid, we can assist with enforcement through the courts, pursuing debt recovery, and advising on your right to suspend work until payment is made.