Building disputes turn on contracts, payment deadlines and warranty periods, and almost all of them are set by state law. Here's how construction law works in Australia, where the states differ, and the construction lawyers we list in each city.
Construction lawyers by city
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What construction lawyers do
Construction lawyers act for builders, subcontractors, suppliers, developers and home owners. They draft and review building contracts, make and answer progress payment claims, run adjudications, and handle defect and delay disputes in tribunals and courts.
Every state and territory has its own security of payment law, a fast way for people who do construction work to recover progress payments. The deadlines are short, they're strict, and they vary by state. The examples below cover NSW, Victoria, Queensland and WA.
When a construction lawyer is worth it
- Before you sign a large building contract or a subcontract with unusual payment terms.
- When a payment claim arrives, because missing the deadline for a payment schedule can leave you owing the full amount.
- Defects and home building disputes, where warranty periods and tribunal steps decide what you can still claim.
How the rules differ between states
- Payment schedules are due 10 business days after a claim in NSW and Victoria, and 15 business days in Queensland and WA, or earlier if the contract says so.
- Home owners: Victoria's security of payment law doesn't cover a domestic building contract between a builder and a home owner, while in NSW owner occupier contracts have been covered since 1 March 2021.
- Deposits: in Queensland the maximum is usually 10% for residential contracts under $20,000 and 5% from $20,000, while WA caps it at 6.5% for contracts under its Home Building Contracts Act, with higher limits in both states for some work done off site.
- Tribunals: in Queensland you must go through QBCC dispute resolution before taking a domestic building dispute to QCAT, and VCAT generally won't hear a domestic building dispute involving a home owner until it has been through dispute resolution.
What to ask before you hire one
- Do you usually act for builders, subcontractors or owners?
- Have you run adjudications in this state? The process and deadlines are state specific.
- What will it cost against the amount in dispute?
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Construction lawyers: common questions
What happens if I don't respond to a payment claim?
In NSW, Victoria and WA, if you don't give a payment schedule in time, the full amount claimed becomes payable. In Queensland, not paying the full claim by the due date without giving a schedule is an offence, and the claimant can apply for adjudication or take other steps. The deadline is 10 business days in NSW and Victoria and 15 in Queensland and WA, or earlier if the contract says so.
What are the time limits for building defects?
It varies by state and by the kind of defect. In NSW, for contracts signed from 1 February 2012, it's 6 years from completion for a major defect and 2 years for other defects. In Queensland the statutory warranty runs 6 years for structural defects and 1 year for other defects. In WA, you should tell the builder about defects within 4 months of practical completion (or longer if the contract allows), and you can complain about defective building work up to 6 years after the work was completed.
Do I need a written contract for home building work?
For most jobs, yes, but the threshold varies by state. In NSW home building contracts over $5,000 including GST must be in writing. In Victoria the builder must be registered and give you the Domestic Building Consumer Guide before you sign a contract over $10,000. In WA the Home Building Contracts Act covers contracts over $7,500 and under $500,000.
Is there a cooling off period on a building contract?
Often, but it varies by state. In NSW you can cancel a contract over $20,000 by written notice within 5 business days of signing or getting a copy. In Queensland an owner may be able to withdraw within 5 business days of receiving the signed contract and the Consumer Building Guide, though they may still owe $100 plus some costs. A Victorian major domestic building contract must include the five day cooling off advice.
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