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Construction Disputes
Our building and construction dispute lawyers can help navigate your rights.
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Legal Understanding
We have knowledge that can benefit you with your claim.
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Personalised Attention
We address your unique needs and concerns regarding your building & construction dispute.
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Practical Outcomes
We aim for efficient and commercially practical outcomes.
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Your Tasmanian Building and Construction Disputes Lawyers.
Locals looking after locals.
Call our Launceston Office today and take the first step towards resolving your dispute.
Building and Construction Disputes in Tasmania*
Building disputes can arise at any stage of a project—during construction, after completion, or even years later where defects emerge. These claims often involve overlapping issues of contract, negligence, and statutory liability.
At Terracall & Associates, we provide clear, strategic advice across all aspects of building and construction disputes in Tasmania, with a focus on resolving complex liability issues efficiently and achieving practical outcomes.
We regularly advise on:
- defective building work and negligence claims;
- contractual disputes (including the scope of variations);
- loss arising from defects; and
- multi-party liability disputes
Common Liability Issues
Several recurring issues arise in building disputes in Tasmania.
Negligence and Defective Work
Disputes frequently involve allegations that construction work has not met the required standard of care, resulting in defects.
Cases such as Bryan v Maloney (1995) 182 CLR 609 and Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515 highlight when builders or consultants may be liable for loss caused by defects, even with respect to loss suffered by a subsequent purchaser of property.
Recently, the Tasmanian Supreme Court has considered how damages may be recoverable for pure economic loss in McDougall v JSA Consulting Engineers Pty Ltd [2025] TASSC 41. Claims for economic loss commonly arise where defective work reduces the value of a property or requires rectification. These cases often turn on issues of negligence, proximity, and vulnerability, as discussed in Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515.
Generally, disputes involve overlapping themes of liability at common law and statutory duties owed under, for example, the Building Act 2016 (and its successors) and/or the Residential Building Work Contracts and Dispute Resolution Act 2016. Before any legal action is commenced, it is important that you understand how these overlapping themes can apply to your case.
Contractual Disputes
Many disputes arise from disagreements about contractual obligations, including:
- scope of works;
- variations;
- right to terminate the contract; and
- defects liability periods.
These issues often involve overlapping contractual and negligence issues.
Proportionate Liability
Where multiple parties are involved in a project, disputes often concern how liability should be apportioned. Proportionate liability often requires careful consideration of legislation like the Civil Liability Act 2002 (Tas) and the requirement to give notice of, and plead (in an appropriate court document), any concurrent wrongdoing.
The decision in Pafburn Pty Ltd v Owners – Strata Plan No 84674 (2024) 421 ALR 133 illustrates the complexity of allocating responsibility between builders, subcontractors, and other professionals.
Key Legislative Framework
Building disputes in Tasmania are governed by a combination of common law and statute, including:
- the Building Act 2016 (Tas) – Liability provisions; and
- the Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas).
These frameworks will often interact with established authorities such as Bryan v Maloney and Woolcock Street Investments.
Time Limits
Strict limitation periods apply to building disputes in Tasmania:
- Claims based in contract (including to enforce a contractual right of warranty or indemnity) or tort must generally be brought within 6 years from the date of the relevant breach;
- Statutory warranty claims must generally be brought within 6 years of completion under the Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas).
- Claims relating to “permit work” defined under the Building Act 2016 (Tas) must generally be brought within 10 years from the date the action accrues.
- For lower risk work, a 6–year limitation period may apply.
- In many defect claims, a 10–year limitation period applies to economic loss.
Practical, Strategic Advice
Building disputes often involve multiple parties, complex evidence (including obtaining expert evidence to establish rebut the existence of defects and loss), and strict limitation periods. Early advice is critical to protecting your position and managing risk.
We provide:
- clear advice on liability and prospects;
- strategic guidance in negotiations and disputes;
- representation in complex, multiparty proceedings;
- strong relationships with experts capable of providing opinions on issues of causation and loss; and
- a focus on commercially practical outcomes.
Speak to a Building Disputes Lawyer
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Your Tasmanian Building and Construction Disputes Lawyers.
Locals looking after locals.