Construction Disputes & Litigation Lawyers
Strategic resolution of building & construction disputes for developers & stakeholders across Australia.
- Fast action to protect timelines & enforce your building contract
- Swift recovery of unpaid progress claims via security of payment laws
- Pragmatic legal advice to manage complex defect claims & statutory warranties
- Decisive court representation & robust formal advocacy for the building industry
Our Construction Dispute & Litigation Services
When a construction project stalls, our building & construction lawyers provide decisive legal advice & commercial litigation strategies to protect your financial interests across:
01. Construction Defects & Delay Claims
We prosecute or defend complex building disputes to mitigate financial losses & keep your construction project moving forward, including:
- Managing patent & latent defect claims under statutory warranties.
- Assessing excusable vs inexcusable delays & liquidated damages.
- Enforcing unpaid progress claims via security of payment laws.
02. Planning Appeals & Environmental Litigation
Our dispute lawyers navigate strict local council requirements & environmental law to secure your critical development approvals, such as:
- Managing objections & appeals in planning tribunals.
- Resolving disputes over zoning, land use & environmental regulations.
- Negotiating conditions of consent with state & local authorities.
03. Contractual & Joint Venture Disputes
We resolve high-stakes contract disputes between project partners to safeguard your capital investments & commercial viability, including:
- Advising on breach of contract, variations & wrongful termination.
- Resolving complex structural or financial disagreements between joint venture partners.
- Enforcing rights & obligations under bespoke or standard building contracts.
04. Commercial Leasing Disputes
We handle complex leasing conflicts for commercial, retail & industrial properties to ensure agreements are enforced & assets are protected, covering:
- Resolving disagreements over rent reviews, outgoings & make-good obligations.
- Managing breach of lease claims & eviction proceedings.
- Negotiating commercial settlements to avoid prolonged property disputes.
05. Alternative Dispute Resolution & Court Proceedings
We drive the dispute resolution process through strategic negotiation or robust court representation to enforce your legal rights, including:
- Conducting mediation, arbitration & expert determination for a cost-effective resolution.
- Preparing adjudication applications & responses under the relevant security of payment legislation.
- Providing decisive advocacy in state courts & tribunals for formal construction litigation.
Who We Act For
GRM LAW’s building & construction lawyers understand how complex projects are funded, delivered & derailed – and act as strategic litigation counsel to the full spectrum of the property development sector, including:
Property Developers
Boutique to national firms navigating site acquisition roadblocks or defective building work on a construction project.
Head Contractors & Builders
Companies managing variations, project delays & contract disputes across commercial and residential building projects.
Subcontractors & Trade Contractors
Trades enforcing their rights to unpaid progress claims via Security of Payment laws.
Joint Venture Partners
Entities locked in a building dispute threatening the financial viability of a shared development.
Project Financiers & Private Lenders
Non-bank lenders recovering capital or mitigating financial risks tied to stalled building & construction funding.
Real Estate Fund Managers
Institutional investors requiring strategic commercial litigation to protect capital deployed in property assets.
Property Owners & Investors
Commercial landlords and buyers uncovering latent defects or facing a construction dispute over statutory warranties.
Body Corporates & Owners Corporations
Strata committees pursuing major defect claims & management rights resolutions following a completed build.
Speak With Our Construction Disputes Team
Our building & construction lawyers will contact you to discuss your situation & outline next steps.
What Our Clients Say
How The Dispute Resolution Process Works
01.
Initial Case Assessment & Strategy
We review your building contract & identify legal risks to outline a strategy for your construction dispute.
02.
Early Dispute Management & Negotiation
We negotiate with the opposing party to resolve the conflict & minimise delays to your construction project.
03.
Alternative Dispute Resolution
We guide you through mediation or expert determination to secure a settlement without requiring commercial litigation.
04.
Formal Litigation & Court Proceedings
We file proceedings in court or tribunal to enforce your rights & resolve the building dispute.
Speak With Our Construction Disputes Team
Our building & construction lawyers will contact you to discuss your situation & outline next steps.
Why Choose GRM LAW
01. Full Development Lifecycle Expertise
We provide legal advice across every stage of your construction project so our dispute resolution strategy aligns with your broader development goals.
02. Expert Regulatory Navigation
Our construction law team navigates complex local council requirements & environmental regulations to keep your building & construction projects moving forward.
03. Commercial Focus & Pragmatism
We treat your building dispute as a commercial problem requiring a practical solution, delivering decisive commercial litigation strategies that protect your bottom line.
04. Proactive Risk Management
We identify critical legal issues in your building contract early to mitigate financial risks & prevent minor contract disputes from escalating.
05. Efficiency & Responsiveness
The building industry moves quickly, so your dedicated dispute lawyer delivers rapid turnaround times on critical documents & security of payment claims.
Meet Gavin McInnes
Gavin McInnes is the founder of GRM LAW and an experienced construction lawyer with nearly 20 years of experience in property, commercial & construction law. He provides strategic legal advice & decisive commercial litigation to help developers resolve complex building disputes & protect their financial interests.
- Nearly 20 years advising key players in the property, banking & finance sectors
- Extensive experience navigating complex planning regulations, building contract disputes & risk mitigation strategies
- Accredited Specialist in Business Law & consistently recognised in Doyle’s Best Lawyers Awards
When Gavin runs your construction dispute, you get practical, defensible solutions that keep your development moving forward.
Selected Construction & Development Experience
Our construction disputes team advises developers, lenders & investors on high‑stakes building and development conflicts across industrial, commercial & mixed‑use assets, including:
Industrial Strata Estate Projects
Advising on construction risk, defects and payment disputes connected with multi‑stage industrial strata developments such as Yarrabilba Industrial, 17 Middle Road, Hillcrest and the Smartstores@Citiswich & Smartstores@Metroplex projects.
Major Commercial Office Towers
Acting for GDI Property Group on construction, leasing and asset management issues across assets including 307 Queen Street, Brisbane, 50 Cavill Avenue, Surfers Paradise & 235 Stanley Place, Townsville.
Development Site Acquisitions & Infrastructure Issues
Dispute and risk management work on industrial development sites at 183 Hume Drive, Bundamba; 139 Bunya Road, Arana Hills; 72 Metroplex Place, Wacol; and Lot 18 Bromfield Drive / Lot 19 Berry Lane, Bonogin.
National Multi‑Site Operators
Construction, leasing and defect‑related issues across national portfolios for operators such as Greencross, My FootDr, Early Learning Services, Foundation Early Learning, Medpods Medical Centres & Australian International Hospitality.
Recognition & Awards
Key Legal Issues In Construction Disputes
Security Of Payment
Security of payment legislation provides a fast statutory mechanism to recover unpaid progress claims. This legislation ensures cash flow continues moving throughout the building and construction industry.
Strict timeframes apply to issuing payment schedules & adjudicating a construction dispute. A construction lawyer can help you enforce your rights & protect your project capital.
Patent Vs Latent Defects
Patent defects are obvious flaws discovered before or during practical completion. Latent defects are hidden structural issues that often emerge years after a construction project finishes.
Builders remain liable for these hidden defects during the statutory warranty period. Legal advice helps you navigate these complex legal issues & pursue appropriate rectification.
Excusable Vs Inexcusable Delays
Excusable delays involve events outside a builder’s control like extreme weather or supply chain failures. These events generally entitle the contractor to a formal extension of time under the building contract.
Inexcusable delays stem from poor project management & expose the builder to financial penalties. An experienced dispute lawyer can assess the delay & defend your commercial position.
Liquidated Damages
Liquidated damages are pre-agreed financial penalties applied when a project extends beyond the contractual completion date. They compensate the developer for financial losses caused by the late delivery of the asset.
These penalty clauses must represent a genuine pre-estimate of loss to be legally enforceable. Our commercial litigation team can help you enforce or challenge these contract disputes effectively.
Speak With Our Construction Disputes Team
Our building & construction lawyers will contact you to discuss your situation & outline next steps.
Legal & Compliance Insights
Frequently Asked Questions
When Is The Best Time To Engage GRM LAW In A Building Dispute?
The best time to involve a construction lawyer is as soon as a disagreement arises over a building contract or project timeline. Early intervention allows for proactive negotiation & risk management, which can often resolve the conflict before it escalates into formal litigation. Seeking legal advice early is the most effective way to protect your commercial interests.
How Does GRM LAW Charge For Construction Dispute Matters?
We charge for construction dispute matters based on the complexity & scope of the legal issues involved. Our approach is commercially pragmatic, ensuring you understand the fee structure & scope of work before any dispute resolution process begins.
Will Our Construction Dispute Need To Go To Court?
No, most building & construction disputes are resolved without requiring formal court proceedings. We prioritise alternative dispute resolution methods like mediation & expert determination to achieve a swift settlement. However, if direct negotiation fails, robust commercial litigation is used to enforce your rights.
Who Will Be Handling My Construction Dispute At GRM LAW?
Your matter will be guided by highly experienced senior lawyers, including our founder Gavin McInnes. You receive strategic oversight from a dedicated dispute lawyer with nearly 20 years of experience in property & construction law.
Does GRM LAW Handle Construction Disputes Outside Of Queensland?
Yes, we represent property developers, head contractors & private lenders nationally across Australia. While our primary office is in Brisbane, our construction law team manages complex contract disputes & litigation across all states.
How Will GRM LAW Keep Us Updated On Our Litigation Progress?
We provide timely, clear & jargon-free updates at every critical stage of your construction dispute. Because the building industry moves quickly, our team ensures you have the information needed to make rapid commercial decisions.
Can We Terminate A Building Contract Due To Delays?
You can only terminate a construction contract for delays if strict legal thresholds & specific contractual requirements are met. Wrongful termination can expose you to significant financial penalties, so it depends heavily on whether the delay is legally excusable. Reviewing the agreement with a building & construction lawyer is a vital first step.
How Do We Enforce A Payment Claim Under The Security Of Payment Act?
Enforcing a claim requires issuing a valid payment claim that strictly complies with statutory security of payment laws. If the opposing party fails to pay or provide a valid schedule, you can apply for rapid adjudication to recover the unpaid funds. This process is designed to maintain cash flow for your construction project.
How Do We Handle A Dispute Over Defective Building Work?
Handling a defect claim involves formally documenting the issues & issuing a notice to rectify to the builder. If the builder fails to address the defective building work, you can pursue damages to protect your investment. Exploring early dispute resolution is generally the most cost-effective way to manage these claims.
How Quickly Can A Construction Dispute Be Resolved?
A building dispute can be resolved in a matter of weeks through early negotiation or adjudication, but may take months if it proceeds to formal court litigation. The timeline depends entirely on the complexity of the legal issues & the willingness of both parties to reach a commercial settlement.
Books By Gavin McInnes
Practical guides on structuring, asset protection and private credit in Australia.
Protect Your Assets
A plain‑English guide to protecting your home, business interests and investments under Australian law. Written for business owners, professionals and families who want to keep what they’ve built safe from avoidable risk.
Private Credit In Australia (Coming Soon)
A forthcoming guide to structuring, documenting and managing private credit transactions in the Australian market, written for lenders, sponsors and their advisers.
Explore Our Other Practice Areas
Deep expertise across corporate, banking & finance, property and related commercial work.
Private Lenders & Non‑Bank Finance
Strategic loan, security & enforcement advice for private credit funds, family offices & non‑bank lenders across Australia.
Property Developers & Projects
End‑to‑end legal support for property developers from site acquisition & approvals through to construction, sales, leasing & disputes.
Business Acquisitions & Disposals
Buy‑side & sell‑side advice on business and share sales, from initial structuring and due diligence through to completion.
Corporate & Commercial Advisory
Ongoing corporate, governance & commercial contracts advice for private companies, family businesses & investors.
Structuring & Asset Protection
Structuring businesses, investments & personal wealth to manage risk, protect assets and support long‑term succession.
Franchising
Establishing, growing & restructuring franchise networks, including franchise agreements, disclosure, compliance & exits.
IP & Technology
Protecting and commercialising intellectual property, software & technology through tailored licensing, development & sale agreements.
Real Estate Funds & Capital Raising
Advising real estate fund managers, sponsors & investors on fund structures, capital raisings & transaction execution across Australia.
Request Free Consultation
Not sure which matter or service is right for you? Leave your details & our lawyers will contact you to discuss your situation & outline next steps.
Enquire Now
Tell us briefly what you need help with & we’ll reply within 1 business day.