Dispute & Negotiation Support

Clarify the position before the dispute controls the project.

Commercially focused construction dispute and negotiation support for principal contractors and subcontractors in Brisbane and across Queensland—helping establish the contractual position, organise the evidence and prepare for effective negotiation.

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Commercial resolution

Not every disputed issue needs to become formal legal proceedings.

Construction disputes often develop gradually from unresolved variations, payment issues, delay, scope interpretation, security or final account positions. By the time positions become entrenched, the underlying facts and commercial priorities can be obscured by correspondence and competing arguments.

LMA helps contractors step back from the volume of material, identify the real contractual and commercial issues and prepare a coherent position for negotiation or escalation.

The focus is commercial and contractual rather than legal representation. Where legal advice, advocacy or expert evidence is required, LMA can work alongside the client's legal advisers and specialist consultants.

How LMA can assist

Prepare the position before entering the negotiation.

Position & entitlement analysisReview the contract, claims, responses and project facts to identify the strengths, weaknesses and material issues in dispute.

Chronologies & evidenceOrganise directions, correspondence, notices, programmes, cost records and other evidence into a clear factual chronology.

Commercial position papersPrepare concise documents that explain the issue, contractual basis, supporting facts, quantum and proposed commercial outcome.

Negotiation strategyEstablish priorities, acceptable outcomes, areas of leverage, concessions and the supporting material required for negotiation.

Negotiation supportAssist management before and during commercial meetings, without unnecessarily escalating the tone of the project relationship.

Settlement assessmentEvaluate proposed settlements against entitlement, evidence, cost, risk, cash flow and the practical value of resolution.

Payment disputesSupport the commercial preparation of payment positions and relevant Security of Payment processes where appropriate.

Legal & expert supportPrepare commercial records, chronologies and project information for legal advisers, delay specialists, quantity experts or other consultants.

Common situations

Commercial support can be particularly valuable before positions harden.

significant variations or claims have been rejected or materially reduced;
the parties disagree about scope, entitlement, valuation or responsibility for delay;
payment has become contentious or substantial amounts remain unresolved;
recourse to security, retention or set-off is being threatened or disputed;
a project is approaching completion with a material unresolved final account;
senior management is preparing for a commercial negotiation or executive conference;
the volume of correspondence is obscuring the key facts and contractual issues;
a dispute may require adjudication, mediation, legal advice or other escalation; or
management wants an independent commercial assessment before deciding whether to settle or proceed.

LMA approach

Understand the entitlement, understand the evidence and understand the commercial objective.

A strong negotiation position is not simply the most aggressive contractual interpretation.

LMA assesses the contract alongside the available evidence, project history, quantum and practical risks. This helps distinguish strong entitlement from weaker arguments and allows management to make informed decisions about what should be pursued, compromised or escalated.

The objective is to improve the client's commercial position while preserving practical opportunities for resolution wherever possible.

Related support

Disputes usually originate in claims, delay or broader contractual issues.

Brisbane & Queensland

Have a commercial issue that is becoming a dispute?

LMA can independently review the position, organise the key issues and help prepare a commercially focused strategy for negotiation or escalation.

Discuss your position