This article explores how landscaping and exterior disputes arise, the legal framework in Australia, and practical steps you can take to manage and resolve conflicts effectively.
What Are Landscaping and Exterior Works Disputes?
Landscaping and exterior works typically include items such as paving, retaining walls, fencing, driveways, drainage, turfing, garden beds, decks, and external finishes. Disputes often arise due to:
Poor workmanship or defective work
Disagreements over design specifications
Delays in completion
Cost overruns or variation claims
Damage to neighbouring properties
Unclear contractual obligations
These disputes can involve homeowners, builders, subcontractors, landscapers, and even local councils.
Under Building and Construction Law, parties are generally required to ensure work is carried out:
With due care and skill
In accordance with plans and specifications
Using suitable materials
Within the agreed timeframe
Where landscaping forms part of a larger construction contract, it is often covered by statutory warranties, giving property owners important legal protections.
Common Causes of Disputes
One of the biggest causes of landscaping disputes is poorly drafted contracts. Vague descriptions such as “landscaping to be completed” can leave too much room for interpretation. Other common triggers include:
Verbal agreements not reflected in writing
Unapproved variations to the original scope
Inadequate site preparation or drainage issues
Non-compliance with council regulations or building codes
If a defect impacts common property, the strata scheme has a legal duty to repair and maintain it. Failure to do so may expose the owners corporation to legal action under Building and Construction Law.
Clear documentation is crucial in preventing disputes before they arise.
Steps to Handle Landscaping Disputes
Review the Contract CarefullyThe first step is to review your building or landscaping contract. Look for clauses dealing with scope of work, variations, payment terms, and dispute resolution procedures. The contract will often outline how disputes must be handled.
Document the IssuesKeep detailed records, including photographs, emails, invoices, and inspection reports. Evidence is critical if the dispute escalates to mediation or legal proceedings.
Communicate Early and ClearlyMany disputes can be resolved through open communication. Raise concerns promptly and in writing, giving the other party a reasonable opportunity to rectify the issue.
Seek Expert AdviceAn independent building inspector or landscaping expert can assess whether the work meets contractual and legal standards. Their report can be invaluable in negotiations.
Use Dispute Resolution MechanismsMost Australian building contracts require parties to attempt alternative dispute resolution (ADR) before going to court. This may include mediation, conciliation, or adjudication under security of payment legislation.
Escalate Where NecessaryIf informal resolution fails, you may need to lodge a complaint with a state building authority or commence legal action through a tribunal such as NCAT or VCAT, depending on your location.
Preventing Future Disputes
Prevention is always better than cure. To minimise the risk of disputes over landscaping and exterior works:
Use a detailed written contract
Ensure plans and specifications are clear and complete
Confirm licences and insurance
Understand local council requirements
Obtain legal advice before signing contracts
A proactive approach can save significant time, money, and stress.
When to Seek Legal Assistance
Not all disputes require legal intervention, but professional advice is crucial when:
Significant financial loss is involved
Work is structurally defective or unsafe
Deadlines have been severely breached
Legal notices or tribunal applications are issued
A lawyer experienced in Building and Construction Law can assess your position, negotiate on your behalf, and guide you through dispute resolution processes.
