Building & Construction Law

Building disputes can arise from various issues related to construction projects, including residential, commercial, and industrial developments. These disputes may involve homeowners, builders, contractors, subcontractors, suppliers, and other stakeholders.

At Buckley Lawyers we can provide you with clear advice and solutions for a range of building and construction disputes. If you are a builder, or if you are a home owner, or have a dispute with a developer, builder, or tradesperson we can provide you with clear and practical advice.

The common causes of building disputes include:

1. Defective Work.
2. Delays.
3. Payment Issues.
4. Contractual Disagreements.
5. Variations.
6. Quality of Materials.

Should you be involved with a building dispute, there are a number of pathways to resolve your matter, including:

1. Negotiation: The first step in resolving a dispute. This can often lead to an amicable resolution without the need for formal proceedings
2. Mediation: Where an independent party, a mediator, is appointed to facilitate discussion between the parties to reach a mutually agreed settlement. Mediation is voluntary and all negotiations are confidential.
3. NSW Fair Trading:
   • Complaints Handling: NSW Fair Trading offers a dispute resolution service for residential building disputes. They can investigate complaints, facilitate discussions, and help parties reach a resolution.
   • Inspection Reports: NSW Fair Trading can conduct inspections and provide reports on building defects, which can be useful in resolving disputes.
4. NSW Civil and Administrative Tribunal (NCAT):
   • Consumer and Commercial Division: NCAT handles disputes related to residential building work, including issues of defective work, contractual disputes, and claims for compensation. NCAT provides a more informal setting compared to courts and aims to resolve disputes efficiently.
   • Jurisdiction: NCAT can hear claims up to $500,000 for home building disputes.
5. Courts:
   • For larger or more complex disputes, parties may need to seek resolution through the court system. This can include the District Court or the Supreme Court of NSW, depending on the size and nature of the dispute.
   • Court proceedings are typically more formal, time-consuming, and costly compared to tribunal processes.

At Buckley Lawyers we have successfully represented clients with many building and construction disputes in the NSW Civil & Administrative Tribunal (NCAT), District Court and the Supreme Court of New South Wales.

We are familiar with the building code and the relevant Home Building Act and Home Building Regulations in NSW and our experienced team will ensure that you are provided with sound advice and representation throughout the whole process.

Should you have any queries in relation to your building dispute, contact us today on (02) 9220 1737.