If you are in a building or construction dispute on the Gold Coast, your position usually depends on three things: what your contract says, whether a payment claim or notice has been served, and how much time you have left to act. Most construction rights in Queensland run on strict deadlines, and some are lost permanently once they pass. Our Burleigh Heads office acts for builders, subcontractors, owners and suppliers across the Gold Coast. Call 1300 286 578.
Usually yes, but the route matters more than the right. For residential work you can complain to the QBCC, which can issue a direction to rectify requiring the builder to fix the defect at its own cost, or you can bring a claim in QCAT. For commercial work the claim is contractual and goes to court. The QBCC complaint window is 6 years and 6 months from completion for structural defects, and 12 months for non-structural (but noting in both instances a complaint must also be brought within 12 months of noticing the defect as well), so the age of the work often decides which door is still open. For more on the contractual side, see our guide on whether you can sue your builder for breach of contract.
If you are a subcontractor or supplier, the fastest lever is a payment claim under the BIF Act. Once served, the respondent must give a payment schedule within 15 business days, or the period stated in the contract if it is shorter. If they don’t, they generally become liable for the full amount claimed and lose the right to raise reasons for withholding it. If they do respond but underpay, you can apply for adjudication. There is also a subcontractors’ charge, which attaches to money owed further up the contractual chain and can secure your position while the dispute runs. See also our article on your legal rights when clients refuse to pay.
It is far cheaper than the dispute. The clauses that cause most Gold Coast construction arguments are the ones nobody reads at signing: how variations must be approved and in what form, extensions of time and who wears delay costs, provisional sums, liquidated damages, retention and security, and the length of the defects liability period. A review before signing is a fixed, known cost. An argument about the same clause two years later is not.
Adjudication is a statutory fast-track process for payment disputes. A payment claim is served; the respondent gives a payment schedule; if the scheduled amount is less than claimed or nothing is paid, the claimant applies for adjudication through the Queensland Building and Construction Commission as the authorised nominating authority. An independent adjudicator is appointed and must decide the dispute within a set timetable, usually 10 business days from acceptance unless extended by agreement. The decision determines what must be paid now. It does not finally resolve every contractual question — the underlying dispute can still be litigated — but in practice the money moving usually ends it.
Treat the response date as the deadline that matters. A direction to rectify requires the work to be fixed within the period stated, and failing to comply can affect your licence as well as exposing you to the cost of the work being done by someone else. You can seek internal review by the QBCC and then apply to QCAT for external review, but those pathways have their own short time limits. Get advice before you respond, and before you do the work.
It depends on the path. A contract review or a letter of demand is a fixed, known fee — a letter of demand is $350 for subscription clients. Adjudication is comparatively quick and therefore comparatively cheap. A defended proceeding in QCAT or the courts is the expensive end, which is exactly why the early decisions matter so much. We will scope the work and give you an estimate before you commit, and we will tell you when a dispute is not worth running.
Builders and head contractors, subcontractors and trades, developers, owners and bodies corporate, and suppliers. We act on both sides of the same kinds of dispute, which is useful: we know what the other side will do, because we have run their argument. Our Burleigh Heads office covers the Gold Coast, from Coolangatta and Tweed through Robina, Southport and Helensvale, and north to Ormeau and Yatala.
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Baihn Constructions
“TDL’s expertise have been invaluable to our growing business. They have been a trusted partner in helping us navigate contracts and adopt smart business practices to support complex situations with confidence.”
Eco-Essence Homes
“TDL are exactly who they say they are and do exactly what they say they will do for you. The outcomes we have had with TDL have far exceeded our expectations and we would not hesitate in recommending TDL to any business who needs help to solve an issue, no matter how big or small.”
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“We would recommend other businesses seek advice from Twomey Dispute Lawyers because they were instrumental in helping us defend our company and provided invaluable support.”
Speak to a Gold Coast construction dispute lawyer
Most construction rights run on deadlines, and the earliest decisions are usually the cheapest. Call 1300 286 578 or get in touch and we will tell you where you stand.
It depends on the claim. Contractual claims generally run for 6 years from the breach. QBCC complaints about structural defects run for 6 years and 6 months from completion, and 12 months for non-structural. Payment claim rights under the BIF Act run in business days, not years. The shortest applicable deadline governs, so get the dates checked early.
A written claim for an amount owed under a construction contract, made under the BIF Act. It must be given within the relevant period required by the legislation, identify the work, state the amount, request payment and include any other information required by the legislation. Serving it starts a formal timetable that binds both sides.
Generally the worst available option. A respondent who fails to give a payment schedule within 15 business days becomes liable for the claimed amount and loses the right to argue the reasons for withholding it in the adjudication. If you have received a payment claim, treat it as urgent.
Often yes. Adjudication is the usual route. Queensland also allows a subcontractors’ charge over money owed by the principal to the contractor, which can secure the amount while the dispute is resolved.
It binds on payment but does not finally determine every issue. The wider contractual dispute can still be litigated, although in practice payment usually resolves it.
Sometimes. Depending on the circumstances they may include a claim under the Queensland Home Warranty Scheme for residential work, claims against other parties in the contractual chain, and in some cases claims against directors. This is a situation where acting quickly changes the outcome, because both assets and time run out.
Only in the way your contract and the legislation allow. Withholding without following the correct process can put you in breach and expose you to a claim even where the defect is genuine. Get advice before you stop paying.
Yes — owners, builders, subcontractors and suppliers. We do not act for both sides of the same dispute.
The contract, any variations, the payment claims or invoices in dispute, any notices you have sent or received, and the dates. The dates matter most.
Nothing. Call 1300 286 578 and we will tell you whether you have something worth pursuing, and roughly what it is likely to cost, before you commit to anything.
Twomey acts on construction disputes across Australia, with offices on the Gold Coast, in Brisbane, Sydney and Melbourne. For Queensland construction work the Gold Coast and Brisbane offices carry the matter. For the principles that apply nationally, see our building and construction disputes page. Where a dispute turns into unpaid money or a client that cannot pay, we also handle debt recovery and corporate insolvency and bankruptcy.
Last updated: 27 August 2026
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