Construction Dispute Resolution
Building Dispute Resolution
Resolving construction disputes through negotiation, adjudication, and expert determination, practical outcomes for projects across Australia
Construction disputes are expensive, disruptive, and often avoidable. When they arise, the priority should be resolution, not protracted proceedings that consume time and money while the project stalls or relationships deteriorate.
Christopher Larcos provides construction dispute resolution advisory services grounded in practical industry experience. His perspective as an adjudicator in New South Wales, Victoria, South Australia, Western Australia, and the Australian Capital Territory means he understands how disputes are assessed and determined, knowledge that informs his advice on resolution strategy.
Christopher’s dispute work covers the full spectrum: from early-stage commercial negotiation (where most disputes should be resolved) through security of payment adjudication and expert determination, to strategic positioning for formal proceedings. Whether the dispute involves a payment claim in Sydney, a variation dispute in Melbourne, defective work in Brisbane, or a delay claim in Perth, Adelaide, Hobart, Canberra, or Darwin - the approach is practical, cost-effective, and outcome-focused.
Reading a dispute as both a lawyer and an architect is what allows Christopher to weigh the legal merits against the underlying construction issues, assess prospects realistically, and recommend the most effective resolution path given the circumstances of the dispute and the relationship between the parties.
Dispute Resolution Services
Practical dispute resolution advisory for construction payment disputes, variation claims, delay claims, and defects disputes across all Australian states and territories.
Payment Disputes
Resolution of construction payment disputes: unpaid progress claims, disputed valuations, wrongful withholding, and payment certification failures under ABIC and other contracts in NSW, Victoria, Queensland, Western Australia, South Australia, and Tasmania.
Variation & Extension of Time Claims
Advisory and dispute resolution for variation claims and extensions of time, including valuation disputes, entitlement challenges, and claims that have been rejected or underpaid by the contract administrator or the principal.
Negotiation & Commercial Resolution
Strategic advice and negotiation support for construction disputes where commercial resolution is preferable to formal proceedings, preserving relationships while protecting legal positions for projects in Sydney, Melbourne, Brisbane, Perth, Adelaide, or Canberra.
Expert Determination & Mediation
Advisory on expert determination and mediation processes for construction disputes, including selection of appropriate mechanisms, preparation of submissions, and strategic positioning for favourable outcomes across all Australian jurisdictions.
Common Construction Disputes
Construction disputes typically fall into predictable categories. Understanding the common patterns, and how they are assessed in adjudication and litigation, informs both prevention through better contracts and resolution through effective strategy.
Payment disputes
Unpaid progress claims, disputed valuations, and withholding of payments due under the contract.
Variation disputes
Whether work is a variation, its value, and whether proper notice was given.
Extension of time claims
Delay entitlement, concurrent delay, and liquidated damages exposure.
Defective work claims
Scope of defects, cost of rectification, and responsibility allocation.
Contract administration disputes
Challenges to the contract administrator's decisions under ABIC contracts.
Practical completion disputes
Whether the work has reached practical completion and what defects remain.
Christopher’s experience as an adjudicator means he sees these disputes from the decision-maker’s perspective. He knows what evidence adjudicators and tribunals find persuasive, which arguments succeed, and which fail. This informs practical, outcome-focused advice for parties on either side.
Who Benefits from Dispute Resolution Advisory?
Builders in payment disputes with owners or head contractors in Sydney, Melbourne, Brisbane, or Perth
Owners disputing the value or quality of construction work
Subcontractors facing non-payment or disputed claims in any Australian state
Parties seeking to resolve disputes commercially without formal proceedings
Architects facing challenges to contract administration decisions under ABIC contracts
Legal practitioners seeking specialist construction dispute advisory for their clients
Have a Construction Dispute?
Whether you need strategic advice on resolving a payment dispute, guidance on adjudication prospects, or help negotiating a commercial resolution, get in touch to discuss your situation.
Common questions
What types of construction disputes can be resolved?
Common matters include unpaid or disputed progress claims, variations, extensions of time, delay, defective work, practical completion and challenges to contract administration decisions.
Should a construction dispute start with negotiation?
Often it should. Informed commercial negotiation can resolve a dispute more quickly and preserve working relationships, while the available contractual and statutory rights remain part of the strategy.
When is adjudication suitable for a building dispute?
Statutory adjudication can provide a rapid interim determination for a qualifying construction payment dispute when the relevant claim, response and timing requirements are met.
How does security of payment fit into dispute resolution?
Security of payment legislation supplies a specific claim, payment schedule and adjudication pathway for construction payment disputes, separate from broader negotiation or final proceedings.
More on construction disputes and payment recovery
Contract Administration
Where a dispute turns on a certification or variation decision made under the contract.
ABIC contract administration adviceIndependent Adjudicator (WA)
Naming an adjudicator in a Western Australian contract, or appointment by nomination.
Name an independent adjudicator in WAWhat Happens If Your Builder Becomes Insolvent?
What is recoverable when a project stops, and why the answer was mostly set in the contract.
Builder insolvency and your contractSpecialist Credentials
- Registered adjudicator in NSW, VIC, SA, WA, and ACT
- Dual-qualified solicitor and registered architect
- 40+ years in the construction industry
- Fellow of the Australian Institute of Architects (FRAIA)
- Former NSW & Queensland Editor, Building & Construction Law Journal