Estimation and Design Disputes:

Disputes in the building and construction industry can arise at any point in the project phase, from the design development, to the section 96 application, through to the negotiation of variations, and the actual construction of the build structure. Building and Construction Lawyers frequently deal with claims and counter-claims between owners of buildings, project managers, building and construction companies, consultants and engineers as well as statutory bodies.

The Building and Construction Solicitor will be exposed to a broad range of matters within this practice area and these will undoubtedly overlap and cross over into other areas of law such as Contract Law, Trusts, Administrative Law, Land and Environment Law, Directors’ Duties, Intellectual Property Law, Negligence and Professional Negligence, just to name a few.

Estimation disputes in the building and construction industry can often arise from the negligent estimation of any aspect of the building and construction project. This can be fatal to the commercial viability of the project because the resulting cost blowout may render the construction of the building uneconomical. Damage and loss to the business and even the reputation of a party can be severe and as a consequence legal action may be taken to remedy the situation.

The first steps to be taken by the estimation disputes solicitor will of course be good faith offers to negotiate a resolution to the dispute. This however is not always successful and other means may need to be employed such as adjudication or litigation. The adjudication process is highly formalised and structured under the relevant Act and Regulations. For more information about adjudication, it is recommended that visitors see our section titled “Adjudications”.

Design disputes on the other hand may involve issues particular to Intellectual Property Law. The law relating to the protection of designs is well established, however there have been developments in this practice area over the last several decades which have opened up the scope of litigation for aggrieved parties.

Whether there is a dispute under the Designs Act or the Moral Rights provisions of the Copyright Act 1968 (Cth), litigation can be expensive and time consuming. It is common knowledge in the architectural industry, for example, that architects “borrow” design concepts from each other without proper acknowledgment. Legal remedies may be available but are not often pursued. This can result in damaged reputation to the actual author of a design work or a loss of future business (or both). The consequences of not pursuing legal remedy may be more costly than litigating, and an aggrieved party should consider obtaining legal advice from a design dispute solicitor before making any decision either way.

Whether a party retains the services of an Estimations Disputes Lawyer or a Design Disputes Lawyer, it is important to understand that the overlapping areas of legal practice may require a civil or commercial litigator who has a broad range of experience with these cases. A niche practice may not be sufficient to consider all relevant aspects of a complicated building and construction matter.

If you require assistance with an estimation dispute or litigation matter concerning a design, you may wish to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au and make an appointment to see one of our solicitors.  

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.