Construction, Property & Commercial Litigation

“Jessica has been Deicorp’s construction law expert for over five years and she has been invaluable since then. As well as acting on several court proceedings, Jessica provides my team at Deicorp with strategic and legal advice on a regular basis. I continue to place my trust in Jessica because she is a strategic thinker. She has an excellent understanding of my company and foresees risks before anyone else. Jessica and the team at Construction Legal cannot be recommended enough.”

FOUAD DEIRI
MANAGING DIRECTOR
DEICORP

Where the stakes are highest, and where we’re at our best

Construction and property disputes in Australia are getting bigger, slower and more consequential. The average dispute value has climbed to around $33 million, and disputes now take an average of 15 months to resolve. In December 2024, the High Court’s decision in Pafburn confirmed that developers and head contractors owe a non-delegable duty of care under the Design and Building Practitioners Act, meaning they can be fully liable for a subcontractor’s defective work and cannot rely on proportionate liability to share that exposure around. That single decision has reshaped how every construction dispute involving the DBP Act is now run, and reinforced just how much is riding on getting the right legal strategy from day one.

This is Construction Legal’s core discipline. We act across every jurisdiction these disputes land in, NCAT, the Local, District, Supreme and Federal Courts, the Industrial Court, and every arbitration and expert determination forum construction and property matters end up in. Litigation is always a last resort, and we start every matter with a genuinely honest assessment of the dispute and your realistic prospects, because clients want outcomes, not just activity. Where a commercial resolution is achievable, we pursue it hard. Where it isn’t, our team brings decades of litigation experience, a tier one network of senior barristers, engineers and experts, and the judgment built from running hundreds of these matters to know exactly which fights are worth having, and how to win them.

Property Litigation

  • Easement & Section 88B Disputes
  • Class 2 Development Disputes
  • Possession Orders
  • Caveat and Easement Disputes
  • Development Partnership and Joint Venture Dispute

Construction and Building Defect Litigation

  • Breach of Statutory Warranty Disputes (NCAT, Supreme Court)
  • Design Building Practitioners Act Disputes
  • Statutory Warranty Disputes
  • Payment Disputes
  • Wrongful Termination of Contract Disputes
  • Delay and Disruption Disputes

Commercial Litigation

  • Breach of Trust Disputes
  • Shareholder Disputes
  • Professional Negligence Disputes
  • Statutory Demand & Insolvency Litigation.

Workplace Prosecutions

  • Defending contractors in SafeWork prosecutions
  • Prelitigation advice on work, health and safety rights in litigation

Contact our team to discuss your dispute, wherever it’s headed, and however high the stakes.

READ MORE…
Case note – Onslow v Cullen [2022] NSWSC 1257 Case note – Onslow v Cullen [2022] NSWSC 1257
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Supreme Court hands down first decision on Statutory Duty of Care under the DBP Act Supreme Court hands down first decision on Statutory Duty of Care under the DBP Act
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Adjudication determination quashed in supreme court Adjudication determination quashed in supreme court
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Supreme Court once again reinforces the binding nature of expert determination clauses Supreme Court once again reinforces the binding nature of expert determination clauses
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High Court clamps down on quantum meruit High Court clamps down on quantum meruit
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Is a verbal instruction enough for a building contract? Is a verbal instruction enough for a building contract?
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David Chandler appointed as NSW’s first Building Commissioner David Chandler appointed as NSW’s first Building Commissioner
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Combustible cladding: What you need to know Combustible cladding: What you need to know
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