17 March 2026

Construction projects bring together many parties, tight margins, and long timelines — a recipe for disputes when expectations aren't clearly set. The good news is that the most common disputes are also the most preventable.

A construction site with cranes against the sky
Clear contracts and good records prevent most construction disputes.

Where disputes usually start

Most construction disputes trace back to a handful of issues: unclear scope and variations, payment disputes, delays and extensions of time, and defective or incomplete work. When the contract is vague about how these are handled, parties end up arguing about what was agreed.

Security of payment

Western Australia's security-of-payment regime gives contractors and subcontractors a fast process to recover progress payments. The catch is that it runs on strict timeframes — miss a deadline to respond to a payment claim and you can lose valuable rights. Knowing the process before a dispute arises is essential.

How to protect yourself

Strong documentation is your best defence. Keep your contract scope and variation process clear, confirm instructions in writing, keep dated site records and photographs, and raise issues promptly rather than letting them build. When a dispute does arise, early advice often resolves it before it escalates to adjudication or court.

  • Agree a clear scope and a written variations process
  • Diarise security-of-payment timeframes
  • Document instructions, delays, and defects as they happen
  • Get advice early — before positions harden

This article is general information only and is not legal advice. Laws change and every situation is different — please contact KD Legal for advice tailored to your circumstances.

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