9 Common Causes Of Construction Disputes in Australia

October 11, 2022    Civillawyers
9 Common Causes Of Construction Disputes in Australia

Most people and experts understand that construction can be a stressful and high-stakes job. Whether you are a business owner or a builder, you want to earn the most profit you can in the long run. You also want to pay your people and grow a sustainable firm.


As a homeowner, you will desire to get your money’s worth and might be disappointed if you do not get something up to the mark. There will be problems if there are construction disputes during work, and you may need to hire a building and construction lawyer in Perth for that. In this specific blog, you will learn some of the common causes of construction disputes and why you need to hire a lawyer to solve disputes.


What Are Some Common Construction Disputes?

Some of the common construction disputes in Australia are as follows:

1. Late payment, underpayment, or no payment for completed works

Underpayment, late payment, non-payment, huge expenses, and wasted time can stress business owners or homeowners more. For a construction company, it is important to pay the people and work on more projects to run and grow the business. Contract experts can help enforce the rights if a payment has been refused.


The Security of Payment Act 1999 regulates payment practices in Australia’s building and construction industry. This law provides subcontractors and contractors to defend themselves against unjustified non-payment and late payments.


2. Disagreements About The Scope And Quality Of Work

At times, homeowners might have improper expectations desiring output and materials above their budget and wanting more work to be done for free. Builders also work less than what was promised and written in the contract putting homeowners in unfavorable positions. This is because they were not provided with the quality that they expected for their house.


This can be considered one of the causes of construction disputes, and you may need to hire a lawyer and ask them for a building dispute resolution guide. Most lawyers know about the Home Building Act 1989. They will go over the scope of work stated on the building contract and explore all the available legal options. They can also guide you through the litigation process.


3. Delay In Work Progression Or Work Abandonment

Delays and slow progress in completing any construction project can financially affect the contractor and the homeowner. When third parties cannot solve these kinds of construction disputes regarding delays and abandonment, the matter may even reach the court or the judge to decide who is at fault. They will decide who will bear the extra costs due to it.


But these disputes can easily be solved by a lawyer and benefit both the building contractor and homeowner. They can easily look into the situation and also guide specific parties through court proceedings, and you may even be able to claim damages.


4. Insufficient Builder Workmanship

Improper or defective work can arise due to waterproofing faults and water leaks and can occur after heavy rain, tiling issues, plumbing issues, cracks in the foundation, and much more. It can also occur due to improper or below-standard materials not working as per the specifications.


As per the Home Building Act 1989, the homeowner can easily seek compensation for any bad residential work to be rectified and enhanced. This is when a builder is unable to carry out the work as given in the contract. The best construction lawyers in Perth can help review your building contract and advise you about legal steps.


5. Different Conditions In Sites

Tender bids are usually submitted based on the current site conditions. This is why most tenderers are encouraged to visit the site before submitting a bid for assessment. But when construction begins, the site condition may not be the same due to the subsurface conditions, soil conditions, unanticipated structures, and kinds of obstructions.


These types of conditions can also lead to disputes and disagreements. But some solutions can help you avoid any kind of disputes and disagreements. You can easily hire a lawyer to help solve construction disputes and disagreements. They can help avoid any kind of conflict or contract claims.


6. Contract Issues

If there are errors in contract documents that include drawings, this can be another reason for a dispute. But with good documentation and progress checks, you can easily avoid these errors.


7. Poor Contract Administration

The process of contract administration begins with a well-drafted contract document. If there are some issues or errors in the contract document, there can be grounds for dispute. When there are claim situations, it indicates poor contract administration.


8. A Poor Construction Quality

If the construction process is not as per the specifications and drawing in the contract, there can be major disputes. A contractor must follow the standards and all the specifications as per the construction contract before starting the project. Poor quality and defects can result in issues between parties.


9. Noncompliance With Contractual Obligations

From the best quality of construction to proper housekeeping, there are contractual obligations that all parties need to follow. If any party to the contract, including the contractor, subcontractor, and employer, does not follow the obligations, these situations can lead to disputes. This is the time you must hire a construction lawyer to fix the problem.


Why Should You Hire a Construction Lawyer? 

The best construction lawyers can help solve any disputes by following the proper steps. Most reputable lawyers have years of experience dealing with construction law and aware of new updates in building disputes law and have dealt with many personalities, clients, and legal situations.


When people clash during a construction project, stress levels elevate quickly, and disputes also escalate. Even with proper planning and intentions, sometimes a project does not go as planned. This is why you need the help of an experienced construction lawyer in Australia.


Why Choose US

The above-mentioned causes can lead to construction disputes, and though there can be other causes of disputes, you can avoid these situations by opting for good project management. But if there are construction disputes, you must hire construction lawyers in Perth to resolve the problems. Contact Civil Lawyers Perth WA to access the best team of civil lawyers who can help in building or construction disputes.

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