If you are a builder or a sub-contractor, involved in a legal dispute, it is important to get legal advice at an early stage.

If you are having difficulty in getting payments for the work you have carried out, you may be able to apply for a determination pursuant to the Building and Construction Industry, Security of Payment Act 1999. That Act allows you to be able to seek determinations in relation to outstanding amounts that you are owed for work which you have done in the building industry with minimal time and legal costs incurred in the process.

If you have a building dispute with an individual whom you have carried out home building work for, you may find yourself the subject of a claim alleging defective work and breach of contract. If that occurs, you will need to obtain legal representation in order to protect your interests. You may also need to notify your insurer. You may be required to appear before the Consumer Tenancy and Trader Tribunal. That Tribunal deals with most home building disputes, unless the contract and defects in issue are in excess of $500,000.00. We aim to try to advise you at the earliest possible stage, so that you can continue with your business without having to spend significant periods of time embroiled in litigation. Other building disputes can be determined by the District Court of NSW (up to $750,000) where they can appoint a “referee” to make a decision in your case instead of having a traditional court room hearing. Disputes over $750,000 would be held in the Supreme Court of NSW. Both of these courts now have provisions for “Joint Experts” to be appointed.

We will provide you with an estimate of costs to indicate to you what our initial advice would be and what your options are for resolving the dispute. In the event that the matter is not resolved at that stage, we will provide you with an estimate of costs for all of the proceedings.