Any time that a building dispute occurs, chances are that the nature of dispute has to do with a perceived defect in the building’s structure. This however is far from being the only cause for all of the different building disputes that get filed.
Why Do Disputes Happen?
Even without any serious defects in the structure of the building itself, if there’s a lack of quality communication or documentation, then a dispute will probably end up occurring.
Additionally, a dispute will occur if there are any unaddressed issues or inconsistencies in the fine print of the contact.
Be Proactive
Whether you’re a homeowner or contractor, you must make sure that you always facilitate the best kind of communication and contractual thoroughness if you want to spare yourself the incredible frustration of having to deal with a building dispute.
The following tips will make it easier for you to go about doing building-based business while mitigating the risk of having to file any avoidable disputes in the future.
Manage Expectations for Finished Work
Tempter all expectations by making sure there’s a mutual understanding of industry standards. You must also ensure that the proper preliminary agreements are clearly stated in writing and well preserved.
Always make sure that there’s a display of finished work before any new work is initiated and get a better understanding of standards and responsibilities by getting in touch with the relevant parties. You can also reach out to industry associations for consultation.
Become Familiar With The Building Process
Make sure that you have your knowledge of the entire home building process down to a science. Make a point of verifying that all contractors, builders and designers have the proper official certifications to be relied upon for industry standard work.
It may also help to reach out to any of the contractor’s past clients to see if they can give you a positive testimonial and what you might be able to expect from their work.
Contractual Statement of Timing
Always be sure to know what the contract specifies as the projected amount of time that you should expect to elapse before the project nears or reaches completion.
Physical Copies of the Contract
No matter what happens, you should always have a hard copy of the contract on hand before you sign. Read over it multiple times to gain full confidence in the terms. Make sure that all involved parties have signed the contract before moving forward.
Handling Disputes When They Emerge
Even when all of the precautions have been taken, sometimes a dispute may still happen due to unforeseen circumstances. The Queensland Civil and Administrative Tribunal (QCAT) is commonly called upon to handle the process, though this can be an expensive and laborious ordeal.
A less painful alternative to QCAT dispute management is to have the dispute managed by the QBCC, which gives a more hands-on approach to fostering a mutual understanding between contractors and homeowners.
Failure to settle disputes
In the event that a middleground simply can’t be found to resolve the situation, QBCC may take several additional measures to gain more insight into the situation; this many involve closer defect assessment, requests to the contractor for repairs, fine allotment, performance record examination and the potential pursuit of legal action.
