Understanding Your Contract Rights
Every construction dispute starts with the contract. HIA contract review and MBA building contract advice form the foundation of any dispute strategy. These standard form contracts contain specific procedures for raising disputes, claiming variations, and terminating agreements. Builders who fail to follow these procedures may lose their rights to payment or extensions.
Our lawyers review your building contract alongside all correspondence, variation claims, and payment schedules. We identify breaches, procedural failures, and opportunities to strengthen your position. This analysis forms the basis of our recommendations.
Common Issues in HIA and MBA Contracts
Standard building contracts favour builders in several ways. Time bars limit when you can raise defect claims. Variation clauses allow builders to add costs with minimal justification. Progress payment schedules can leave owners paying for incomplete work.
We see these issues regularly:
- Builders claiming variations without providing written notice or owner approval
- Extensions of time granted without proper documentation of delay causes
- Defect rectification periods that expire before problems become apparent
- Payment claims that don't comply with the Building and Construction Industry Security of Payment Act
- Termination clauses that favour the builder's right to walk away
Payment Disputes and Security of Payment
Payment disputes require careful handling. The Security of Payment legislation provides mechanisms for builders to recover payment quickly. Owners who don't respond correctly to payment claims within strict timeframes can find themselves liable for amounts they genuinely dispute.
We advise on responding to payment claims, preparing payment schedules, and adjudication applications. If you've received an adjudication determination you believe is wrong, we assess your options for challenging it.
Dispute Resolution Options
Most building contracts require parties to attempt resolution before proceeding to tribunal or court. This typically involves written notices, meetings, and sometimes mediation. We guide you through these steps, prepare necessary documentation, and represent your interests in negotiations.
If informal resolution fails, we advise on your options including VCAT, NCAT, QCAT, or other relevant tribunals depending on your location. For larger disputes, court proceedings may be appropriate. Our property contract of sale review and business agreement review services extend to construction-related transactions where disputes arise during or after settlement.
Fixed Fee Construction Contract Legal Advice
Legal fees shouldn't add to your stress during a building dispute. We provide fixed fee quotes for contract review and dispute advice. You'll know the cost upfront. No hourly billing surprises. Our 48-hour turnaround means you get answers quickly, which is critical when payment claims have strict response deadlines.
