When a person is renovating or building a house, the building work might not go the way he/she expects. There might be a delay in finishing the work, the work might not be of the expected quality, or other problems can occur.
There might also be some issues over the payment among the builders once the work gets done. This is where the help of building contracting lawyers is needed. They can take care of cases related to building disputes.
They will also ensure that the construction workers and the homeowners receive the best outcome from it. But how exactly do these building disputes get resolved? Let’s find out from this post!
All building owners must check their building contracts when it comes to resolving all the building issues. This can lead to the establishment of a written contract and avoid all the vagueness of doubt and standings.
It’s crucial to have the building contract reasoned in writing when the value of the goods supplied and the work is equivalent to a specific value.
In such situations where a document is not created, reviewing other forms of documents, such as emails between the builders and building owner, will be helpful.
This will become an element of countless components that constitute the contract and will provide valuable information on the terms.
In all contractual disputes, it’s important to discuss the problem with the others involved. One must keep all copies of the documents, such as written communication, contracts and invoices.
One must keep all the records of the conversations he/she had on the building dispute matter, which includes time and date. Taking pictures of the building work might prove helpful as well.
When the discussion with the party does not resolve the problem, one must send a formal email or letter and request a response. The building contract dispute lawyers say that individuals can set up the given time they want to hear the response, which can be within 2 weeks to 4 weeks.
This particular step helps demonstrate that one is making a proper attempt to resolve the problem before proceeding further. He/she should use the registered post to send the correspondence.
Australia has many well-known government agencies that are known for resolving problems related to building contracts. These agencies offer conciliation solutions for all types of problems which involve the builder owners, and it’s related to the following:
But before he/she applies at the building dispute agency, they should take steps to resolve the problem independently. These “STEPS” include letting the other party know that he/she is applying to the agency.
When applying at the building dispute agency, one should include all the information of the building and also the contact information. The application will get assessed by the Dispute Resolution Officer.
The officer will determine whether or not the matter falls under their jurisdiction and is ideal for conciliation.
The building contract lawyers Perth have pointed out that “arbitration” is another form of method to resolve building disputes. The building owner and the contractor can opt for this method to obtain a proper settlement.
Arbitration is associated with the cost. But it doesn’t involve much judicial system, and both parties can retain their control over the features of this method. Arbitration can take place through mutual consent. Independent arbitrators will play the part of the judge and determine the outcome.
Depending heavily on the kind of arbitration one opts for, the result will bind both parties, and it’s also enforceable. But it will be much better to gain some legal advice before opting for this method.
When a negotiation does not provide the results needed, one can choose the “mediation” process to resolve this dispute. The construction dispute lawyers Perth say that this is an effective way to for resolving building disputes.
Here, an independent individual, also known as the mediator, facilitates the interaction between the builder and the builder owner to resolve the problem. The agreement made between the parties is lessened to a written document. The content of this document should contain the following
Mediation is known as a less expensive process through which one can easily resolve the problem without relying on the court procedure.
Court or litigation work must be the last method. It’s a costly and time-consuming endeavour. But there is an extent of uncertainty in the results. This applies to all situations where the chances of success are pretty high.
Based on the outcome of the party’s conduct and proceedings, the court will give an order when it comes to the cost. In other words, out of the two parties, one has to pay for the disbursements incurred and legal fees.
There are also some aspects that might affect the discretion of the judge or magistrate. It’s vital one should obtain professional help before he/she thinks of settling the dispute in court.
Building disputes are something that can take place anytime. So, when it does occur, building owners should resolve the matter with the builders through negotiation.
If that process does not work, he/she can contact the legal experts from Property Settlement Lawyers Perth to get the help they need. They will provide advice, assistance and tips on how to deal with such matters. If needed, they will also help in taking the matter to court.