Dispute Resolution

We handle all commercial contract dispute resolution for businesses and companies of all sizes as well as for individuals pursuant to contracts and pursuant to the Commercial Arbitration Act.

We also specialise in all building and construction disputes and litigation matters. Our clients include all building and construction companies, engineering firms, mining services companies, property developers, contractors, subcontractors, civil contractors and suppliers in a variety of building and construction disputes.

For 25 years we have provided advice on all building contracts and sub-contracts and on building contract and sub-contracts disputes including payment claims, disputes over variations, Construction Contract Act claims, disputes over delays in building works and claims over defective works and appearances in all courts.

Our rates and fixed prices are lower than the prices charged by many Perth Commercial law firms because we own our offices so we don't pay the exorbitant St George's Tce rent that many commercial law firms do.  

Further information can be found here regarding our fixed fees.

Building and construction contracts usually contain dispute resolution clauses.

We prepare dispute resolution clauses for our clients that make the resolution of disputes quicker and possibly more cost effective than having to have a dispute resolved in Court.

When contracts contain dispute resolution clauses it is vital that they are strictly followed, as a failure to do so can amount to a breach of contract.   Often, alternative dispute resolution (ADR) procedures are not available or not appropriate and court action is the only alternative. For more information on our litigation services and fee options see our Litigation page

The dispute resolution process is usually that one party has to issue the other party with a Notice of Dispute, then within a certain number of days, the parties have to meet and try and resolve the dispute in good faith, and then, if the dispute cannot be resolved, the dispute will be referred to arbitration. This process depends on the particular building and construction contract.

Arbitration is a formal dispute resolution process where the dispute is determined by an independent third person (the arbitrator).

In Western Australia, arbitration under a building and construction contract is conducted under the Commercial Arbitration Act 2012 (WA) (which replaced the Commercial Arbitration Act 1985 (WA)). 

We prepare Notices of Dispute and applications for adjudications.

Our contracts require the parties to meet to resolve the dispute. If the matter can’t be settled an Arbitrator can be appointed to make a decision. Because hearings before Arbitrators are far quicker than Court there is a greater likelihood of settlement because of the early pressure placed on both sides to be

We can provide dispute resolution clauses for inclusion in your contracts for a fixed price that can include reviewing all of your existing terms and conditions in your contracts of preparing a new contract for you.

Please contact us for further information on Alternative Dispute Resolution.