TOP 10LAWYERS

Top 10 Construction Lawyers in Adelaide

Ten Adelaide construction law firms, with who each one acts for, who runs the work, and the South Australian rules on getting paid, home building contracts, indemnity insurance and defects.

Google ratings checked 25 October 2026 Updated 25 October 2026

No firm pays for its place on this list. How we compile this list

Find a firm for your situation

Choose what fits you best to see which firms on this list cover it.

Grouped by what each firm publishes about its own work. Most firms on this list handle all common construction law matters.

The Top 10 Construction Lawyers in Adelaide

Ten construction law firms in Adelaide, with their experience, Google ratings and what each one suits.

Fenwick Elliott Grace

King William Street, Adelaide, plus DarwinConstruction and infrastructure law firm

5.0

1 Google reviews

Checked 18 October 2026

Best for Contractors and principals who want a construction only firm

  • Founded in 2006 by Jeanie Elliott and Tom Grace, according to the firm.
  • Tom Grace ran a construction company for 20 years before becoming a lawyer, his profile says.
  • Jeanie Elliott is a TeCSA accredited adjudicator and sits on Master Builders SA contracts and subcontractors committees, according to her profile.
First consultation
First consultation terms aren't published. Enquiries go through the firm's contact page.
Office
Level 10, 431 King William Street, Adelaide SA 5000
Full profile: lawyers, services and sources

About the firm

Fenwick Elliott Grace is a construction and infrastructure firm with its main office on King William Street and a second office in Darwin. The firm says Jeanie Elliott, formerly a London partner at Fenwick Elliott, set it up in 2006 with Tom Grace, an engineer who ran a construction company for 20 years before moving into law. It also says some of its lawyers worked as builders and engineers first. Adjudication, variation claims and delay claims are among its listed services. It suits contractors and principals who want technical construction advice. First consultation terms aren't published.

Founded in 2006

Also worth knowing

  • Her profile says Doyle's Guide rated her preeminent in front end construction and infrastructure law in South Australia in 2025.

Lawyers

  • Jeanie Elliott, Consultant and co-founder
  • Tom Grace, Partner and co-founder
  • Jordan Schutz, Partner
  • Ben Noack, Senior Associate
  • Jessica Punch, Senior Associate
  • Demi Goldsmith, Associate
  • Daniel Grace, Associate
  • Ashley Sarich, Associate

Areas of construction law handled

  • Construction contract drafting and review
  • Adjudication
  • Variation claims
  • Delay claims
  • Building code compliance advice
  • Construction dispute resolution
  • Mediation
  • Construction litigation
  • Infrastructure and rail projects
  • Planning law

Office

Level 10, 431 King William Street, Adelaide SA 5000

Other details

Other offices
Darwin

Sources

Back to the list

Lynch Meyer Lawyers

Flinders Street, Adelaide CBDCommercial law firm

4.4

85 Google reviews

Checked 18 October 2026

Best for Residential and commercial builders needing contracts or court representation

  • The construction team has six named lawyers, led by partner Michael Hutton.
  • Hutton's profile says Best Lawyers named him Adelaide's Construction/Infrastructure Law Lawyer of the Year in 2019.
  • He sits on a Housing Industry Association (SA) committee and advises builders on contracts and documentation.
First consultation
First consultation terms aren't published. Contact the firm to ask.
Office
190 Flinders Street, Adelaide SA 5000
Full profile: lawyers, services and sources

About the firm

Lynch Meyer is a long established Adelaide commercial firm on Flinders Street with a construction, infrastructure and engineering team of six lawyers. Partner Michael Hutton leads it. He sits on a Housing Industry Association (SA) committee, advises builders on contracts and, his profile says, has run major housing disputes in the Supreme, District and Magistrates Courts. The team covers security of payment adjudication, contract drafting, arbitration and litigation, from small home extensions to large commercial jobs. It suits residential and commercial builders in particular. The site doesn't set out first consultation terms.

Founded in the 1950s, according to the firm

Also worth knowing

  • The firm's page links to its own guide on South Australian security of payment adjudication.

Lawyers

  • Michael Hutton, Partner
  • Charles Moran, Partner
  • Jack Dart, Partner
  • Huan Do, Senior Associate
  • Jaed Hopgood, Senior Associate
  • Ben Adams, Associate

Areas of construction law handled

  • Security of payment adjudication
  • Construction contract structuring and drafting
  • Template contract documents
  • Risk allocation advice
  • Domestic building disputes
  • Commercial construction disputes
  • Construction litigation
  • Arbitration and alternative dispute resolution
  • Planning applications and appeals
  • Engineering and infrastructure projects

Office

190 Flinders Street, Adelaide SA 5000

Sources

Back to the list

Finlaysons

Franklin Street, Adelaide CBD, plus DarwinFull service commercial firm

4.5

30 Google reviews

Checked 25 October 2026

Best for Builders, homeowners and contractors facing a serious construction dispute

  • Partner Sam Burford heads the firm's dispute resolution and litigation team.
  • His profile says Doyle's Guide rated him a preeminent construction and infrastructure litigation lawyer in 2023, 2024 and 2025.
  • He was Best Lawyers' Adelaide Lawyer of the Year for Construction/Infrastructure Law in the May 2026 publication, according to the firm.
First consultation
First consultation terms aren't published. Contact the firm to ask.
Office
Level 7, 43 Franklin Street, Adelaide SA 5000
Full profile: lawyers, services and sources

About the firm

Finlaysons is one of Adelaide's larger commercial firms, based on Franklin Street with a second office in Darwin. Its construction work is led by partner Sam Burford, who heads the dispute resolution and litigation team and handles both contract drafting and disputes. His profile says Doyle's Guide has rated him a preeminent construction and infrastructure litigation lawyer. He acts for government and large contractors, and also for residential builders and homeowners. That range makes the firm a fit for big projects and serious home building disputes alike. First consultation terms aren't published.

Also worth knowing

  • He acts for residential builders and homeowners as well as government departments and large construction companies.

Lawyers

  • Sam Burford, Partner, head of Dispute Resolution and Litigation

Areas of construction law handled

  • Construction contract drafting and management
  • Infrastructure contracts
  • Construction disputes
  • Adjudication
  • Arbitration
  • Expert determination and conciliation
  • Construction litigation
  • Residential building contracts and disputes
  • Construction risk training

Office

Level 7, 43 Franklin Street, Adelaide SA 5000

Other details

Other offices
Darwin

Sources

Back to the list

Cowell Clarke Commercial Lawyers

Pirie Street, Adelaide CBD, plus SydneyCommercial law firm

4.4

14 Google reviews

Checked 25 October 2026

Best for Contractors, developers and consultants chasing or defending payment claims

  • The building, construction and infrastructure team lists twelve lawyers, led by director Jamie Watts.
  • The firm says it initiates and defends security of payment claims in every Australian jurisdiction.
  • It is listed in Regional Tier 1 for Construction/Infrastructure Law in Best Law Firms Australia, according to the firm.
First consultation
First consultation terms aren't published. The site has a separate legal costs page.
Office
Level 9, 63 Pirie Street, Adelaide SA 5000
Full profile: lawyers, services and sources

About the firm

Cowell Clarke is an Adelaide commercial firm on Pirie Street, with a Sydney office, and a building, construction and infrastructure team of twelve lawyers led by director Jamie Watts. The firm says the team starts and defends security of payment claims around Australia, and it handles defects, delay and variation disputes, construction contracts and professional negligence claims. Associate director Matthew Hawke focuses on construction disputes and security of payment. Clients include contractors, developers, engineers, architects, property owners and councils. It suits businesses on mid to large projects. The site doesn't publish first consultation terms.

Also worth knowing

  • Associate director Matthew Hawke is recognised by Best Lawyers for Construction/Infrastructure Law, his profile says.

Lawyers

  • Jamie Watts, Director and Team Leader
  • Amanda Brady, Director
  • Hannah Mills, Director
  • Andrew Bullock, Associate Director
  • Matthew Hawke, Associate Director
  • Digby Luckhurst-Smith, Associate Director
  • Orestis Gambranis, Senior Associate
  • Mario Pegoli, Senior Associate
  • Chloe Cornelius-Inge, Associate
  • Aya Shahin, Associate
  • Molly Zhang, Associate
  • Zandalee Sheldon, Lawyer

Areas of construction law handled

  • Security of payment claims
  • Defective work disputes
  • Delay and variation claims
  • Construction contract drafting and negotiation
  • Fixed price, design and construct and GMP contracts
  • Professional negligence claims
  • Construction litigation
  • Arbitration and mediation
  • Infrastructure and mining projects

Office

Level 9, 63 Pirie Street, Adelaide SA 5000

Other details

Other offices
Sydney

Sources

Back to the list

Clarke Hemmerling Lawyers

Close Street, Rose ParkBoutique firm, building and construction focus

4.8

59 Google reviews

Checked 18 October 2026

Best for Home owners and small builders in a residential building dispute

  • Partner Natasha Hemmerling has practised since 2002 with a focus on building and construction law, according to the firm.
  • The firm lists clients on both sides, from home owners and owner builders to builders, trades and subcontractors.
  • It takes security of payment action for trades and contractors facing late or non-payment.
First consultation
No obligation first contact. Home, hospital and after hours appointments can be arranged, according to the firm.
Office
2A Close Street, Rose Park SA 5067
Full profile: lawyers, services and sources

About the firm

Clarke Hemmerling is a family run boutique in Rose Park, just east of the city. The firm says partner Natasha Hemmerling has practised since 2002 with a focus on building and construction law, and senior associate Andrew Henderson also works in construction. The firm acts on both sides: home owners, owner builders, builders, trades, subcontractors and suppliers. It handles contract reviews, defects, insurance claims, security of payment claims for unpaid trades and building disputes through to litigation. It suits home owners and smaller builders who want a partner on the file. The first contact is no obligation.

Also worth knowing

  • The firm says it can arrange home, hospital or after hours appointments.

Lawyers

  • Natasha Hemmerling, Partner
  • Andrew Henderson, Senior Associate
  • Brayden Howard, Solicitor

Areas of construction law handled

  • Building contract drafting and review
  • Residential building disputes
  • Building defect claims
  • Security of payment claims
  • Negligence claims
  • Building insurance claims
  • Arbitration and negotiation
  • Construction litigation
  • Planning and environmental approval disputes

Office

2A Close Street, Rose Park SA 5067

Sources

Back to the list

CCK Lawyers

Adelaide CBDCommercial law firm

Best for Construction and engineering companies with payment or delay claims

  • The firm says it has managed significant security of payment claims in many states.
  • It drafts design and construct, supply and install and consultant contracts, plus joint venture and tripartite agreements.
  • Director James Cudmore acted for Grocon Constructors in New South Wales Supreme Court litigation, according to his profile.
First consultation
First consultation terms aren't published. Contact the firm to ask.
Full profile: lawyers, services and sources

About the firm

CCK Lawyers, formerly Cosoff Cudmore Knox, is a commercial firm in the Adelaide CBD that calls itself Adelaide's oldest law firm. Construction, engineering and technology is one of its six practice areas. The firm says it handles security of payment claims and adjudications across several states, delay and extension of time claims, and design and construct and supply and install contracts. Director James Cudmore lists construction among his focus areas and, his profile says, has acted for Grocon Constructors in New South Wales litigation. It suits construction companies with larger commercial disputes. No first consultation terms are published.

Also worth knowing

  • The firm says it is the former Cosoff Cudmore Knox and incorporates the practice of Knox & Hargrave.

Lawyers

  • James Cudmore, Director, Head of Legal Strategy

Areas of construction law handled

  • Security of payment claims
  • Adjudication proceedings
  • Delay and extension of time claims
  • Progress claims advice
  • Design and construct contracts
  • Supply and install contracts
  • Consultant services contracts
  • Joint venture and tripartite agreements
  • Construction and engineering disputes

Sources

Back to the list

Randle & Taylor Barristers and Solicitors

Carrington Street, Adelaide CBDGeneral practice firm

4.6

21 Google reviews

Checked 18 October 2026

Best for Trades and owners with unpaid or defective work disputes

  • The firm offers a free 15 minute phone consultation with no obligation.
  • It registers and enforces workers liens under the Worker's Liens Act 1893 (SA).
  • Nick McCabe, admitted in 2000, appears in the Supreme, District and Magistrates Courts and lists construction law among his areas.
First consultation
Free, no obligation 15 minute phone consultation, according to the firm.
Office
208 Carrington Street, Adelaide SA 5000
Full profile: lawyers, services and sources

About the firm

Randle & Taylor is a general practice on Carrington Street in the Adelaide CBD, and the firm says its roots go back to 1970. Its construction page names barrister and solicitor Nick McCabe, admitted in 2000, and solicitor Jonathan Brohier, with Shadan Doyle and Frank Trimboli also listing building work. The firm drafts building contracts, registers and enforces workers liens and caveats, and runs disputes over defective or unpaid work through to court. It suits small builders, trades and owners after practical help on a local dispute. The firm says it offers a free 15 minute phone consultation.

Roots in Randle & Co, founded in 1970; Randle & Taylor formed in 1987, according to the firm

Also worth knowing

  • The firm traces its roots to Randle & Co, founded in 1970.

Lawyers

  • Nick McCabe, Barrister and Solicitor
  • Jonathan Brohier, Solicitor
  • Shadan Doyle, Solicitor
  • Frank Trimboli, Solicitor

Areas of construction law handled

  • Building contract drafting and advice
  • Workers lien registration and enforcement
  • Caveats
  • Defective building work disputes
  • Unpaid building work claims
  • Rectification cost claims
  • Construction litigation
  • Contracts and Form 1 for land sales

Office

208 Carrington Street, Adelaide SA 5000

Sources

Back to the list

Clelands Lawyers

Pulteney Street, Adelaide CBDFull service firm

3.8

19 Google reviews

Checked 18 October 2026

Best for Builders and subcontractors needing contract or compliance advice

  • Clelands was founded in 1892 by Edward Erskine Cleland, according to the firm.
  • Special counsel Tom Walker has acted for many domestic and commercial builder clients, his profile says.
  • He has presented a seminar series to the Specialist Contractors Association (SA) on risk in building subcontracts.
First consultation
First consultation terms aren't published. The site directs construction enquiries to Tom Walker.
Office
Level 2, 191 Pulteney Street, Adelaide SA 5000
Full profile: lawyers, services and sources

About the firm

Clelands is a full service Adelaide firm on Pulteney Street that says it dates from 1892. Its construction work sits with special counsel Tom Walker, who joined in 2006 and, his profile says, has acted for many domestic and commercial builders. He has presented to the Specialist Contractors Association (SA) on risk in building subcontracts and works with local building and quantity surveying experts. The firm advises on the Security of Payment Act, the Building Work Contractors Act and the Worker's Liens Act, plus contracts, arbitrations and expert determinations. It suits builders and contractors. First consultation terms aren't published.

Founded in 1892

Also worth knowing

  • The firm advises on compliance with the Security of Payment Act, the Building Work Contractors Act and the Worker's Liens Act.

Lawyers

  • Tom Walker, Special Counsel

Areas of construction law handled

  • Security of payment advice
  • Building contracts
  • Building Work Contractors Act compliance
  • Worker's Liens Act advice
  • Building and construction disputes
  • Arbitrations
  • Expert building determinations

Office

Level 2, 191 Pulteney Street, Adelaide SA 5000

Sources

Back to the list

CPC Lawyers

Unley Road, MalvernSuburban general practice

4.9

163 Google reviews

Checked 18 October 2026

Best for Home owners with a defects or delay dispute with their builder

  • Founded in 2013 by principal lawyer Theodosi Cotsaris, according to the firm.
  • The firm acts for home owners, builders, subcontractors, trades and developers.
  • Its construction page explains the warranties the Building Work Contractors Act 1995 implies into building contracts.
First consultation
Consultations can be booked online. The firm says fees are flexible and paid upfront, with quotes on request.
Office
Suite 1/227, 235 Unley Road, Malvern SA 5061
Full profile: lawyers, services and sources

About the firm

CPC Lawyers is a suburban practice on Unley Road in Malvern, founded in 2013 by principal Theodosi Cotsaris. Building and construction sits alongside property, conveyancing and civil litigation. The firm acts for home owners, builders, subcontractors, trades and developers on contract drafting and review, defects, delays, variations, handover problems and unpaid work. It leans towards settling disputes through negotiation and mediation before court, and says it gives clear cost guidance. It suits home owners and small builders south of the city. Consultations can be booked online, and the firm says its fees are flexible.

Founded in 2013

Also worth knowing

  • It favours negotiation, mediation and conciliation before litigation, the firm says.

Lawyers

Ask the firm which lawyer would handle your matter.

  • Theodosi Cotsaris, Principal Lawyer

Areas of construction law handled

  • Residential building contracts
  • Commercial building contracts
  • Contract review before signing
  • Defective and non-compliant work disputes
  • Construction delay disputes
  • Variation disputes
  • Practical completion and handover disputes
  • Unpaid payment claims
  • Mediation and negotiation
  • Building and construction litigation

Office

Suite 1/227, 235 Unley Road, Malvern SA 5061

Sources

Back to the list

Firm details come from each firm's own website. Google ratings are shown as published on Google and don't set the order. Spotted something out of date? Tell us.

Not sure which firm suits you?

Tell us a little about your matter and we'll put you in touch with a Adelaide construction lawyer. It's free and there's no obligation.

How we compiled this list

We include firms with an Adelaide area office that show real building and construction work. For each firm we read its website in October 2026 and wrote the description ourselves. Where we could only confirm a little about a firm, its write-up is shorter. Some firms here mainly act for contractors, principals and government on larger projects, and we say so in the write-up. Where a firm says a lawyer is an accredited adjudicator, that isn't specialist accreditation, and we don't describe anyone as an accredited specialist. Doyle's Guide and Best Lawyers listings are as the firm reports them. Consultation and fee terms are as the firm describes them, so confirm them in your costs agreement. We show Google ratings with the date we checked them.

Firms can pay for a featured listing on some of our pages, which affects where they appear. No firm on this page pays. Payment doesn't buy the write-up. We write those ourselves, and firms don't get to edit them. If something here is out of date, let us know. There's more detail on how we rank law firms.

This page is general information, not legal advice. Rules, time limits, thresholds and penalties are as published by Consumer and Business Services, SA.GOV.AU, the South Australian Government Financing Authority, the Small Business Commission, SACAT, the Courts Administration Authority, the Legal Services Commission of South Australia and in South Australian legislation in October 2026. The minor work and indemnity insurance thresholds are those from 10 November 2025, and the penalties are those from 15 January 2026.

Getting paid under the Security of Payment Act

South Australia's Building and Construction Industry Security of Payment Act 2009 started on 10 December 2011. It gives contractors, subcontractors, suppliers of materials and plant, and service providers such as designers, engineers and project managers a fast way to recover progress payments. The current authorised version of the Act on the SA legislation website still dates from 2011, and its history lists no amending Acts, so the 2026 changes in Victoria don't apply here. New Security of Payment Regulations 2026 started on 1 September 2026, replacing the 2011 Regulations.

  • What's covered: written or oral contracts for work in South Australia, even if the contract is governed by another state's law, has no progress payment terms, provides for one payment at completion or has a pay when paid clause
  • What's not: domestic building work on premises the owner lives in or intends to live in, and employees. A subcontractor on a home job can still claim from the main contractor
  • When to claim: a right to a progress payment arises on each reference date. That's the date set by the contract, or if there isn't one, the last day of the month in which work first started and the last day of each month after that. Only one claim per reference date, but it can include amounts claimed earlier
  • How late: by the later of the period in the contract or 6 months after the work was last done or the goods and services were last supplied
  • What it must say: identify the work, goods or services, state the amount claimed, and state that it's made under the Act. You can claim work, materials, plant, services, interest on overdue payments, cash security and retention money due for release, and any final payment
  • No contracting out: pay when paid clauses have no effect, and the Act can't be excluded by the contract
StepTime limit
Payment schedule in reply to a claimWithin 15 business days after the claim is served, or sooner if the contract says so
Payment due dateThe date in the contract, or if the contract is silent, 15 business days after the claim is made
Interest on late paymentThe greater of the Supreme Court judgment rate or the contract rate
Business daysWeekends, public holidays, 27 to 31 December and any statewide industry shutdown don't count

A payment schedule must identify the claim and state the amount the respondent will pay. If that's less than claimed, it must give the reasons, including any reasons for withholding. If no schedule is given in time and the amount isn't paid, the claimant can sue for it as a debt, where the respondent can't raise cross claims or contract defences, apply for adjudication, or give notice that it will suspend work. The Courts Administration Authority lists debt recovery under the Act as a District Court claim. Keep proof of how and when you served each document.

Adjudication and suspending work

Adjudication gives a quick decision on what's owed. The claimant applies in writing to an authorised nominating authority of its choice, which refers the application to an adjudicator. The adjudicator must be a person with the prescribed qualifications and can't be a party or a party's nominee. The Small Business Commission can explain whether the Act may apply to you and refer you to a nominating authority.

SituationTime limit
Schedule is for less than you claimedApply within 15 business days after receiving the schedule
Scheduled amount isn't paidApply within 20 business days after the due date
No schedule was givenGive notice that you intend to apply within 20 business days after the due date. The respondent then has 5 business days to give a schedule, and you apply within 15 business days after that
Adjudication responseBy the later of 5 business days after receiving the application or 2 business days after the adjudicator accepts it
Adjudicator's decisionWithin 10 business days after the response is lodged, or after the last day for lodging it if none is lodged, or longer if the parties agree
Paying the adjudicated amountWithin 5 business days after the decision is served

A respondent can only lodge a response if it gave a payment schedule in time, and it can't add reasons that weren't in the schedule. So if you're defending a claim, the schedule is the document that matters most. The decision is in writing with reasons unless both sides ask otherwise. If the respondent doesn't pay, the claimant can get an adjudication certificate and file it in court as a judgment debt. A respondent who wants to challenge that judgment must first pay the unpaid amount into court as security. South Australia has no review adjudication.

Suspending work. A claimant who hasn't been paid can suspend work after giving 2 business days' notice. The right lasts until 3 business days after payment. For other disputes between businesses, such as unpaid invoices, contract changes, incomplete work or faulty goods, the Small Business Commission also points to the building and construction industry dispute resolution code made under the Fair Trading Act.

Home building contracts, licences and deposits

The Building Work Contractors Act 1995 sets the rules for building, renovating or repairing a home in South Australia, and for prescribed work such as swimming pools, insulation, paving and fencing. A builder needs a building work contractor licence to carry out building work, including work arranged through other licence holders, and Consumer and Business Services sets no dollar threshold for that. Subcontractors need a licence too, and a licensee must have a registered building work supervisor. You can check a licence on the CBS public register.

  • Minor work: from 10 November 2025, domestic building work under $20,000 is minor domestic building work. The threshold was $12,000
  • The contract: at $20,000 or more, the contract must be in writing and legible, set out all its terms, give the builder's business name and licence number, and be signed by both parties. You must get a signed copy and the prescribed notice, Your building contract: your rights and obligations
  • The price: the contract must state a specific price and payment terms. A price that may change must be marked "This Price May Change", and an estimate must be marked "Estimate Only" and be fair and reasonable
  • Charging clauses: a charging clause can let the builder lodge a caveat over your property and may let it seek a court ordered sale to recover contract debts
  • Cooling off: you can cancel by written notice, served personally or by certified mail, within 5 clear business days after the contract is made. You may still owe for materials or services already supplied
  • Unfair terms: the Magistrates Court can relieve a party from a harsh or unconscionable term
Contract priceMaximum deposit
Under $20,000$1,000
$20,000 or more5% of the price

Fees paid to third parties, such as council approval, insurance and engineer or surveyor reports, can be asked for in advance on top of the deposit. After that, a builder can only demand a progress payment for work already done, an amount due under the Security of Payment Act, or a kind of payment the regulations allow, and you don't have to pay a progress payment without a written request.

Tougher penalties started on 15 January 2026, including new offences for working unlicensed, hiring unlicensed subcontractors for licensed work and using another contractor's licence number. According to CBS, expiation fees include $5,000 for unlicensed work, $5,000 for demanding a payment the builder isn't entitled to, $5,000 for a non compliant contract and $20,000 for building without required indemnity insurance. New Building Work Contractors Regulations 2026 started on 1 September 2026.

Statutory warranties and building indemnity insurance

Every domestic building work contract carries warranties that the law implies. The work must be done properly, to accepted trade standards and in line with the agreed plans and specifications. The materials must be good and proper. The work must meet all statutory requirements, be done with reasonable diligence if no completion time is set, result in a house reasonably fit to live in, and be fit for any purpose you made known to the builder. The warranties pass to later owners.

A claim for breach of the warranties must start within 5 years after the work is completed, and that period can't be extended. CBS notes that Australian Consumer Law rights may last longer, and that the usual 90 day maintenance period after handover doesn't limit your rights.

Building indemnity insurance protects you if the builder dies, disappears or becomes insolvent before finishing the work or fixing defective work. From 10 November 2025 it's generally required for domestic building work that needs development approval and is worth $20,000 or more. Before then the threshold was $12,000, and some official pages still show the old figure. The builder arranges and pays for it, and work can't start until you and the council have the certificate. Owner builders can't get it, and it isn't required for multi storey residential buildings of more than 3 storeys with 2 or more homes.

Insurance detailWhat SAFA and SA.GOV.AU say
Defect claimsUp to 5 years after completion
Policy limit$250,000 under the QBE, Assetinsure and AB Phillips policies since late 2025. QBE's limit was $150,000 before 1 October 2025
Who underwrites itThe South Australian Government Financing Authority, through a reinsurance arrangement with QBE, which covers most of the market
Making a claimContact the insurer first. QBE is on 1300 790 723. Check a policy at bii.sa.gov.au or call CBS on 131 882

Building disputes: CBS first, then court

For a dispute with your builder, SA.GOV.AU suggests talking to the builder first, then writing to them, then completing the CBS Building disputes advice form. A CBS officer reviews it and decides whether conciliation suits. CBS advice and dispute resolution is free, and it helps where the work was done in South Australia for personal use and the claim isn't already in court.

  • Voluntary conciliation: usually by phone
  • Compulsory conciliation: for serious or complex matters, usually face to face. Since 15 January 2026, failing to attend carries a higher penalty. A written agreement reached at conciliation can be enforced in the Magistrates Court
  • Inspections: a CBS case officer may ask you to arrange inspections or pay for an expert report

The Magistrates Court hears claims under the Building Work Contractors Act, such as warranty disputes, repayments after a cooling off cancellation and harsh contract terms. A building dispute is a minor statutory proceeding, so the minor civil rules generally apply, but above $12,000 either side can elect at the first directions hearing to step outside them, and lawyers can then appear at trial. If a party applies, a claim over $100,000, in money or in remedial work, is referred to the District Court. The court can order the builder to fix the work or to pay. Pre action steps may apply before you file.

SACAT's role under the Building Work Contractors Act is reviewing CBS licensing decisions, within 1 month of the decision, and hearing disciplinary action against builders. Owner and builder disputes go to the Magistrates Court. Moving them to SACAT has been raised in the state's building and construction industry review, but it's only a proposal.

WhereWhat it hears
CBSFree advice and conciliation for home building disputes
Magistrates Court, 260 to 280 Victoria SquareBuilding Work Contractors Act claims, and other civil claims up to $100,000
District Court, Sir Samuel Way Building, 241 to 259 Victoria SquareCivil claims over $100,000 with no upper limit, building disputes referred from the Magistrates Court, and all debt recovery claims under the Security of Payment Act
Supreme Court, civil registry in the Sir Samuel Way BuildingCivil claims over $100,000 with no upper limit, including building disputes

Arbitration. Many commercial construction contracts send disputes to arbitration under the Commercial Arbitration Act 2011. The arbitration agreement must be in writing, and a court must refer the parties to arbitration if asked in time. An award can generally only be set aside, within 3 months, and an appeal on a question of law needs the parties' prior agreement and the court's leave. Home building contracts can also include private arbitration or an industry association dispute clause, which may carry a fee.

Time limits. Under the Limitation of Actions Act 1936, a contract or negligence claim, other than for personal injury, generally has to start within 6 years of when the cause of action accrued. Statutory warranty claims have the 5 year limit above. When time starts depends on the facts, so get advice early.

Choosing a construction lawyer, costs and free help

Pick a firm that regularly acts for your side. Some firms here mostly act for contractors, principals and government on larger projects, others for home owners, small builders and trades. Ask who will run your matter, whether they've handled adjudications or Magistrates Court building disputes, and how they'll charge. According to the Law Handbook, your lawyer must tell you at the start how they'll charge and give a range of estimates of the total costs, and a costs agreement must be in writing or evidenced in writing. Bring the contract, variations, payment claims and schedules, emails and photos to your first meeting.

  • Consumer and Business Services: 131 882, 4 to 6 Chesser Street, Adelaide, 9am to 4.30pm weekdays. Licence checks, building advice and free conciliation
  • Small Business Commission: explains whether the Security of Payment Act may apply and refers people to nominating authorities. It doesn't give legal advice
  • Legal Services Commission Legal Helpline: 1300 366 424, weekdays 9am to 4:30pm, for free first advice
  • Law Society of South Australia: its See a Lawyer Referral Service matches you with a firm by area of law and location. Main line (08) 8229 0200
  • Community legal centres: Community Legal Centres SA can refer you on 1300 860 529

Adelaide construction law: common questions

How long does the other side have to respond to my payment claim in South Australia?

A respondent who disagrees with your claim must give a payment schedule within 15 business days after it's served, or sooner if the contract says so. If it doesn't, it becomes liable for the full amount claimed. If the contract sets no due date, payment is due 15 business days after the claim. Weekends, public holidays and 27 to 31 December don't count as business days.

Has South Australia changed its Security of Payment Act like other states?

Not the Act itself. The current authorised version on the SA legislation website dates from 2011, so claims still run off reference dates and there's no review adjudication. New Security of Payment Regulations 2026 started on 1 September 2026. If your contract is in another state, check that state's rules, because several have changed a lot.

Can my builder use the Security of Payment Act against me as a home owner?

Generally no. The Act doesn't apply to a contract for domestic building work on premises you live in or intend to live in. Your builder's subcontractors and suppliers can still use it against the builder. Your payments to the builder are governed by the Building Work Contractors Act instead, which limits deposits and progress payments.

Where do I take a dispute with my builder?

Start with the builder, in writing. If that fails, CBS offers free advice and conciliation. Claims under the Building Work Contractors Act go to the Magistrates Court, and a claim over $100,000 can be referred to the District Court if a party applies. Moving these disputes to SACAT has been proposed in a state review, but that hasn't happened.

Does my builder need building indemnity insurance?

From 10 November 2025 it's generally required for domestic building work that needs development approval and is worth $20,000 or more. The threshold used to be $12,000. The builder arranges and pays for it, and work can't start until you and the council have the certificate. You can check a policy at bii.sa.gov.au.

How long do I have to claim for building defects?

A claim for breach of the statutory warranties must start within 5 years after the work is completed, and the court can't extend that. Building indemnity insurance covers defect claims for up to 5 years after completion. A general contract or negligence claim usually has to start within 6 years, so get advice early.

How much deposit can a builder ask for?

No more than $1,000 if the contract price is under $20,000, and no more than 5% if it's $20,000 or more. Third party fees, such as council approval and insurance, can be asked for in advance on top. After that, the builder can generally only ask for progress payments for work already done, and you don't have to pay without a written request.

General information only, not legal advice.

Related pages

Sources for the legal information on this page