Addressing Construction Challenges: A Guide to Navigating Building Disputes
Updated: May 12
Deviation from the Original Plan
Often, clients may feel that the construction company or builder has diverged from the construction contract, either by delivering an incomplete or excessive structure or by constructing in a way that deviates significantly from what was originally proposed, such as in the architectural plans and promotional brochures.
In such situations, one must ask: How precisely was the build detailed on paper, and what allowances were made for deviations from the plan within the contract? Clients who have already signed a contract often discover, upon consulting legal services, that there are still avenues for a just resolution, either within the contract itself or beyond.
Construction delays have become increasingly prevalent in building and construction law, with factors such as the COVID-19 pandemic causing numerous supply delays and obstacles in construction. This issue is further exacerbated by the ongoing timber shortage and surging demand for new homes, pushing the industry into high gear.
It's not uncommon for clients to feel frustrated when a building isn't completed on time, disrupting their life plans. Similarly, builders may find themselves unfairly blamed for delays beyond their control. Whether you're a client seeking to withdraw from a contract, pursuing compensation, or advocating for expedited construction, or a builder defending against delay accusations, the team at Arida Lawyers is here to represent your interests.
Homebuyers may find themselves overcharged or in a situation where they believe the builder is demanding an unjust payment. Conversely, builders and construction companies may encounter clients, both residential and commercial, who refuse to remit payment for completed work.
Faulty or Poorly Designed Structures
Dealing with a faulty build can be challenging, particularly when issues become apparent only after the builder has seemingly finished the job, leaving the client seemingly without recourse. However, in many states, there may be a legally enforceable rectification period during which the builder must rectify the identified defects. If this period has passed and faults begin to surface, matters become more complicated. The legal discourse might extend beyond the building contract to encompass broader aspects of Australian law, such as the Australian Consumer Law and the Home Building Act.
Resolving Building and Construction Disputes
The first course of action usually involves addressing your concerns directly with the third party. However, absent legal representation, there is a potential risk of inadvertently making a misstep, which could have costly implications later in the legal process.
At Arida Lawyers, we offer a comprehensive range of services, including reviewing, drafting, and negotiating contracts, mediating disputes, advising on your rights, helping manage risk, and advocating for fair outcomes using our extensive expertise.
This article provides general information relevant to our services. It is not legal advice and should not be relied upon as such. If you are seeking legal advice, you should contact us for a free initial consultation.
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