Building & Construction disputes:

Building and Construction Law usually involves disputes about the quality of building works, incomplete building works, and the obligations of the parties under the relevant building contract (both written and/or verbal contracts), such as the scope of the building works or the time by which progress payments are due.

Where there is a dispute, a written building contract will often prescribe a dispute resolution procedure that must be followed by the parties. This procedure can often include an informal meeting to discuss the matters in dispute, or if a resolution cannot be reached at this stage, the parties may be required to participate in mediation. Mediation involves engaging an independent third party, a mediator, to direct the discussions between the parties in an effort to assist in the facilitation of a resolution.

Alternatively, applications for orders about a building and construction dispute are primarily lodged with the NSW Civil and Administrative Tribunal ("NCAT"). NCAT has a particular focus on alternative dispute resolution mechanisms and usually requires or otherwise encourages the parties to participate in conciliation on the first listing date at NCAT. Conciliation is an informal process whereby the parties discuss the dispute and seek to negotiate a resolution. If a settlement is reached during conciliation, or otherwise at any stage of the proceedings, the terms of settlement may then be formalised as orders and will subsequently be enforceable as between the parties.

Our Building and Construction Lawyers have experience in representing clients at all stages of a Building and Construction Dispute from advising on the relevant issues, drafting applications to, and attendance at NCAT (for directions and the final hearing), preparation of evidence  and partaking in various dispute resolution processes.

If you require legal assistance with a Building or Construction matter you may have, we invite you to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au to book an appointment. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.