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Building & Construction Disputes2026-08-16T23:32:40+00:00

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Building & Construction Disputes

Queensland Building & Construction Lawyers

Struggling with a building & construction dispute? At Odyssey Legal, we understand how overwhelming and challenging building & construction disputes can be for builders or contractors. It can cause cash flow issues, unnecessary stress and absorb your time that should be spent on the business operations.

That's where we come in. We are here to protect your interests and your business, as well as guide you towards an efficient resolution. We have resolved hundreds of disputes and protected countless businesses. Whether you are dealing with a contractual disagreement, a QBCC claim or legal proceedings, we can help with it all.

If you find yourself caught in a building & construction dispute, it is time to turn the tide. Let’s start with a case evaluation consultation to understand your situation and explore potential solutions to achieve your desired outcome.

Who can we assist?

At Odyssey Legal, we work closely with professionals across all levels of the building and construction sector; from hands-on trades to large-scale developers. Our clients include:

- Builders & Construction Companies.

- Licensed Trades: Plumbers, electricians, contractors and subcontractors.

- Site Workers: Labourers and mine workers.

- Specialists: Engineers, architects, surveyors, and drafters.

- Suppliers & Manufacturers of construction materials.

- Property Stakeholders: Homeowners, investors, and developers.

- Bodies Corporate and strata managers.

Odyssey Legal Lawyer advising Queensland builders and construction businesses

What Building & Construction Disputes can we assist with?

Odyssey Legal represents builders in a wide range of contractual disputes, from disagreements over scope of works and contract interpretation to issues involving payment schedules, variations, or back charges. We provide practical advice and strong representation whether you're negotiating a resolution or enforcing your rights through adjudication, QCAT, or court. Our team ensures your contract terms are clearly defended and strategically leveraged to protect your commercial interests.

When allegations of defective or incomplete work arise, it can threaten your business, reputation, and QBCC licence. At Odyssey Legal, we act for builders facing such claims; whether through private owners, subcontractors, or insurance disputes. We work with independent experts to assess the validity of the claims, challenge unfounded allegations, and seek fair outcomes through negotiation, adjudication, or litigation if necessary.

Construction delays are common; but disputes over who’s responsible can quickly escalate. We assist builders in defending and pursuing delay-related claims, including liquidated damages, extensions of time (EOT), and project acceleration costs. Our team helps you gather evidence, interpret contractual time clauses, and protect your position against unfair blame or penalties.

Subcontractor charges can quickly become a source of dispute if expectations around scope, payment, or performance are unclear. Builders may face claims for unpaid work, disputed variations, or delays caused by subcontractors.

Odyssey Legal assists builders in navigating complex insurance matters including contract works insurance, professional indemnity, and QBCC statutory insurance (Home Warranty Scheme). We help you respond to insurer queries, dispute unfair denials, and ensure you’re protected when claims arise, especially in defect or injury scenarios where your liability is on the line.

When a contract breaks down, due to non-performance, repudiation, or improper termination, we represent builders seeking to enforce or defend their rights. We help you assess whether a termination is lawful, evaluate damages, and pursue remedies through negotiation or formal legal action. Our goal is to resolve disputes efficiently while limiting risk to your business and reputation.

Unpaid invoices, underpayments, or withheld progress claims can severely impact a builder’s cash flow. Odyssey Legal assists with prompt resolution of payment disputes—whether through negotiation, adjudication under Building Industry Fairness (Security of Payment) Act 2017 (BIFA), or litigation. We help ensure your claims comply with legal requirements and are backed by clear documentation so you can recover what you’re owed quickly and effectively.

Odyssey Legal advises and represents builders in all matters involving the Queensland Building and Construction Commission (QBCC). Whether you're facing licensing issues, disciplinary proceedings, or regulatory investigations, we provide clear, strategic guidance to protect your right to operate. We assist with responses to show cause notices, disputes over licensing eligibility, rectification orders, and financial viability assessments. With your reputation and livelihood on the line, we ensure your dealings with the QBCC are handled thoroughly, professionally, and with urgency, minimising risk to your business and your future.

At Odyssey Legal, we regularly represent licensed builders in proceedings before the Queensland Civil and Administrative Tribunal (QCAT). Whether you’re defending a defective work claim, seeking payment for completed work, or disputing a Queensland Building and Construction Commission (QBCC) decision, we provide strategic, cost-effective guidance throughout the process. Our team is experienced in navigating QCAT’s unique procedures and timeframes, ensuring your side is clearly presented with strong evidence and advocacy. From initiating applications to appearing at hearings, we take the legal pressure off so you can focus on running your building projects.

At Odyssey Legal, we act for licensed builders in a wide range of construction-related court disputes across Queensland. From unpaid progress claims and breach of contract matters to defect allegations and subcontractor disputes, our litigation team provides strong, strategic representation tailored to the complexities of building and construction law.

We guide you through every stage of the court process; from pre-action negotiations and issuing claims to managing evidence, expert reports, and appearances in the Magistrates, District, or Supreme Court. Our focus is always on protecting your business, securing your entitlements, and delivering practical solutions that minimise disruption to your projects. Whether you're pursuing or defending a claim, you can rely on our deep industry knowledge and commercial approach to achieve the best possible outcome.

Odyssey Legal regularly assists builders with adjudication proceedings under the Building Industry Fairness (Security of Payment) Act 2017 (BIFA). When progress claims go unpaid or disputes arise over variations or retention, adjudication offers a fast, cost-effective pathway to recover what you’re owed without lengthy court delays.

We guide you through every stage of the adjudication process; from preparing valid payment claims and responses to drafting submissions that clearly present your position and supporting evidence. Timeframes under BIFA are strict, and compliance is critical. Our team ensures all deadlines are met and technical requirements are satisfied, giving you the best chance at a successful outcome.

Whether you're seeking payment or responding to a claim lodged against you, we’ll work quickly and decisively to protect your cash flow and legal position. With deep knowledge of BIFA and the construction industry, Odyssey Legal is your trusted partner in payment security matters across Queensland.

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Related information

Frequently Asked Questions

How can Odyssey Legal assist with building disputes?2025-06-07T04:48:42+00:00

We offer comprehensive legal services, including contract reviews, advice, dispute resolution, and representation in tribunals or courts.

What is a Statutory Warranty?2025-06-07T04:47:21+00:00

Statutory warranties are legal obligations under the Queensland Building and Construction Commission Act 1991 (and other legislation) imposed on builders to ensure work meets certain standards and incorporated into building contracts.

What should I do if I receive a defective building work notice?2025-06-07T04:43:52+00:00

If you are a builder or contractor and you receive a defective building work notice, steps should be taken to investigate the works, and if defective, promptly rectify the defects. In addition, legal advice should be obtained to understand your rights and obligations.

Can I claim liquidated damages for delays?2025-06-07T04:41:14+00:00

Subject to the building contract, yes, it is possible to claim liquidated damages (or general damages) for delays beyond the practical completion date.

What is an adjudication process under the Building Industry Fairness Act?2025-06-07T04:38:55+00:00

Adjudication is a fast-track dispute resolution process for payment claims in the construction industry, providing binding decisions.

How long do I have to report building defects?2025-06-07T04:36:50+00:00

Timeframes vary: If making a complaint to the QBCC, structural defects typically have a six-year and six-month period, while non-structural defects have shorter periods (i.e seven months from the practical completion date). However, if you are wanting to commence proceedings for defective works (breach of contract), it must be commenced within six years of the breach occurring.

What is a building defect?2025-06-07T04:30:49+00:00

A building defect refers to work that doesn't meet the required standards, including structural issues, poor workmanship, or non-compliance with plans.

Can I terminate a building contract if issues arise?2025-06-07T04:25:14+00:00

Termination of a building contract is possible under the terms of the contract, under common law, or for acceptance of repudiation if a substantial breach of the contract occurs. However, not all breaches will give rise to the right to terminate the contract. If the contract is unlawfully terminated, the other party could seek damages. It is therefore crucial to seek legal advice before terminating a contract.

What is the role of the QBCC in building disputes?2025-06-03T05:54:57+00:00

The Queensland Building and Construction Commission (QBCC) regulates the building industry and offers dispute resolution services for homeowners and contractors.

How can I resolve a building & construction dispute without going to court?2025-06-01T04:18:35+00:00

Alternative Dispute Resolution (ADR) methods like mediation, arbitration, or adjudication can be effective in resolving building & construction disputes amicably.

What are common causes of Building & Construction Disputes?2025-06-01T04:16:27+00:00

Building & Construction Disputes often arise from contract breaches, defective work, delays, and payment issues between builders, contractors, and clients.

Servicing all of Queensland

At Odyssey Legal, we are committed to providing comprehensive legal services to clients across Queensland, not matter their location.


Whether you are on the Sunshine Coast, in Brisbane, on the Gold Coast, in Central Queensland, in North Queensland, or in any other part of the state, our team of experienced litigation lawyers is here to assist you with a wide range of legal disputes.

At Odyssey Legal, our dedication is to client transparency, honesty, and client satisfaction.

Our Expertise

We are your trusted experts when it comes to:

  1. Business advice, disputes and protection;
  2. Defamation;
  3. Building and Construction Disputes;
  4. Debt Recovery;
  5. Bankruptcy and Corporate Insolvency;
  6. Commercial Litigation;
  7. Civil and Personal Litigation;
  8. Peace and Good Behaviour; and
  9. Tax Debt Disputes.

Locations

 

At Odyssey Legal, we service all of Queensland:

  1. Sunshine Coast – This includes Caloundra, Mooloolaba, Maroochydore, Tewantin, Coolum, Noosa, and Doonan.
  2. Brisbane – This includes all of Brisbane’s regions, including the North, South, East, and West areas.
  3. Gold Coast – All of Gold Coast.
  4. Wide Bay & Burnett Region – This includes Bundaberg, Hervey Bay, Maryborough, and Gympie.
  5. Central Queensland – This includes Gladstone, Rockhampton, Yeppoon, Emerald, and Mackay.
  6. North Queensland – This includes Townsville and Cairns.

Contact Us
To get in touch with us, simply fill out the form, and we will reply within 24-48 business hours. Need a quicker response? Call us on the number below and one of our friendly team will be happy to help.

  • Office Hours
    Monday - Friday
    8:30am - 5:00pm

  • Po Box 5318, Maroochydore BC QLD 4558

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