Litigation and dispute resolution

Building and Construction Disputes

Victor Legal is a boutique law firm based in Brisbane CBD specialising in construction and infrastructure disputes. We have extensive legal experience acting for principals, builders, developers, and sub-contractors involved in a variety of building disputes. 

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Experts in resolving disputes

If you are involved in building and construction, it is important to be aware of the potential for disputes to arise. No matter what role you play in the industry; builder, developer, subcontractor, or property owner, you need to know your rights and how to protect them. At Victor Legal, we have extensive legal experience in acting for all parties in building and construction disputes. We can help you resolve disputes quickly and effectively, so you can get on with your project without unnecessary delays.

Victor Legal has experience with building and construction legal matters

We provide strategic advice to secure outcomes that are in your best interests.

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How we can help you

Disputes can arise at any stage of a building or construction project, from the negotiation phase through to post-completion defects. At Victor Legal, we have significant expertise in the commercial and residential realms of the construction and development sector.

Our experience extends to:

  • Dispute resolution
  • Debt recovery
  • The QBCC 
  • QBCC Tribunal appeals 
  • QBCC Insurance Claims 
  • Project bank accounts 
  • Variations, defects, delays, payment claims and schedules 
  • Contract administration, as well as contract-related conflicts and disputes
  • Subcontractor’s Charges
  • Licensing and Regulation

Our clients are extremely important to us, and we take the responsibility of protecting them seriously.


The Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIFSOPA) is a new Act that replaced the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA). The BIFSOPA is designed to provide builders and subcontractors with a fast and reliable payment system when undertaking construction work or supplying related goods and services.

Under the BIFSOPA, if you are entitled to progress payments, you must give the principal contractor a written notice of your claim for each progress payment. This notice is called a ‘payment claim’. You can use the standard form available on the Queensland Government website, or you can prepare your own form as long as it includes all the required information.

You must give your payment claim to the principal contractor before the end of whichever of the following periods is the longest:

  • The date specified in the contract for giving the claim, or
  • 6 months after works are completed or related goods and services supplied.

For a final claim, a payment claim must be given before the end of the longest period worked out under the contract or 28 days after the end of the last defects liability period or 6 months after the completion of all construction work to be carried out under the construction contract or after the complete supply of all related goods and services. 

If you don’t give your payment claim to the principal contractor within this time, you may not be able to recover any money that is owing to you.

Once the principal contractor receives your payment claim, they must respond with a written notice called a ‘payment schedule’. The payment schedule must state:

  • The amount of money (if any) that the principal contractor agrees is due to you, and
  • The reason for any deduction from that amount

The payment schedule must also specify a due date for payment. This date must be the shorter period of time provided in the contract or 15 business days after service of the payment claim. 

If the principal contractor does not give you a payment schedule within this time, they are taken to have accepted your payment claim in full and they must pay you the amount claimed within 30 business days from when they received your claim.

Once you receive the payment schedule, you can either:

  • Agree with the amount stated in the schedule and wait to be paid, or
  • Disagree with all or part of the amount stated in the schedule and take further action.

There are a number of ways that you can resolve a payment dispute, including mediation, conciliation, or adjudication. Adjudication is a quick and effective way to resolve disputes and is often used when time is of the essence. It is important to note that an adjudication application must be made in the approved form within strict timeframes.

If you would like more information about BIFSOPA Claims or resolving building and construction disputes, contact us today to arrange a no-obligation consultation with one of our experienced construction lawyers.

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