Renovating or building a home, commercial or industrial space can be expensive, time-consuming and challenging.

Some projects are completed on time, on budget and to everyone’s satisfaction. This is more likely to happen if there is good planning and solid contracts in place.

Good contracts will set out the rights and obligations of all parties clearly. This includes:

• the owner or principal;
• the builder;
• the head contractor;
• the sub-contractor;
• any suppliers of materials or equipment; and
• consultants such as architects, surveyors and landscapers.

However disputes can arise even with good planning and effective contracts. This is why it is important for building and construction contracts to have clear and cost effective dispute resolution procedures to help solve problems quickly.

The law regarding building and construction can be complex. Each state and territory has a Building Act and Regulations. These laws and regulations set out legal standards for licencing and quality of work. They provide a framework for regulating the industry. Home building is more highly regulated than commercial and industrial construction work.

Each state and territory also has its own Security of Payments Act and Regulations. These laws provide a framework for making and enforcing progress payment claims as well as for disputing them in a legally valid way.

This Legal Guide on Building & Construction Law provides consumers, builders and contractors with information about building & construction law, regulations and dispute resolution mechanisms. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

Please select from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.