Regardless of how well intentions parties may be, there is always the potential for disputes to arise on a project. However, where parties take steps to avoid or mitigate the potential for disputes to distract from the project, it can often assist in ensuring best-for-project outcomes are maintained. Utilising a Dispute Avoidance Board (DAB) is one such process that parties …

Welcome to the June edition of Projects & Construction Monthly. This edition addresses: Recent Construction News; LPC Lawyers’ recently completed ‘Home Warranty Insurance’ series; LPC Lawyers’ recently completed ‘Infrastructure Focused Investment in the 2024-25 Federal Budget’ article; LPC Lawyers’ current ‘Resolving Matters’ series; and Opportunities to join the LPC Lawyers’ team. Recent Construction News Direct Sunshine Coast Rail Line The …

Whilst mediation may provide an opportunity for the parties to agree on a certain resolution or way forward, the parties may not always be able to reach such an agreement. In these circumstances, parties may elect to adopt more determinative dispute resolution processes. These processes allow an independent third party to step in and make a decision based on information …

Regardless of how well-intentioned parties are at contract formation and during preliminary works, there will also be the potential for matters to devolve into lengthy and arduous disputes that cannot be resolved at a project-level. Parties can seek to mitigate the risks around disputes by ensuring the contract specifically deals with how such matters are to be resolved. In doing …

Labor has delivered another federal budget with the focus firmly remaining on investment in the infrastructure and construction sectors, continuing recent trends. At a high level, the Federal Government has committed to providing in excess of $15.3 billion in funding to support state infrastructure projects, which underpins the government’s 10-year $120 billion infrastructure pipeline. Which State Came Out on Top …

The third and final article of this series will explore the dispute resolution process after a homeowner has lodged a defective work complaint to the QBCC and the dispute has been assigned to a Resolution Services officer. ASSESSMENT & FACILITATION An early dispute resolution service (‘facilitation’) is offered by the QBCC if the building contract is still on foot. This …

When Queensland homeowners engage a contractor for residential work, the general expectation is that the work is completed and of a good quality. However, this may not always occur. In the first article of this series, we explored non-completion claims, the eligibility criteria, time limits and the lodgment process. The second part of this series will discuss defective work complaints, …

Residential building work in Queensland (i.e., building a new home or renovating an existing residential property), that is valued at more than $3,300 (including cost of materials, labour and GST), must have insurance under the Queensland Home Warranty Scheme (‘the Scheme’). This insurance is a premium which the contractor collects from the homeowner, then paid to QBCC, to insure residential …

Building or renovating a home is a significant and costly investment. As a homeowner, the biggest draw and common trap for engaging an unlicensed builder is that they can often significantly outbid the competition. Whether motivated by cost savings or the convenience of engaging a ‘friend of a friend’, the risks are significant. As explored throughout this series, a person …

Under the Queensland Building and Construction Commission Act 1991 (QBCC Act), any person who carries out or undertakes to carry out building work without an appropriate licence, commits an offence. The QBCC regulators have zero tolerance for unlicensed activity and imposes more than a mere warning if you are caught… expect to be slapped significant penalties and a hefty fine. …