5 step guide to building and planning dispute resolution
How do you settle a dispute with a builder?
Building and planning disputes most commonly arise because of miscommunication or a lack there of, between the builder and the homeowner. Common communication issues may include unexpected variations on the building works, disagreement as to the quality and scope of the building work and general difficulty to contact the builder. If you do find yourself unhappy with a service provided by a builder, you have a few options:
One - Directly:
If it is possible for you to liaise with your builder directly to resolve a dispute, this is always your first cause of action.
Two - Master Builders SA:
If you are unable to contact your builder or communicating with them does not resolve your issue. You can submit a complaint form on the Master Builders South Australia website, if your builder is a member of Master Builders SA. However, it is important to note that Master Builders SA is not an enforcement authority, their role is to merely contact the builder and request they work with you to resolve any issues present.
Three - Consumer and Business Services:
If this avenue does not achieve an appropriate outcome, you may contact Consumer and Business Services (CBS) and file a complaint via their website. Alike Master Builders SA, CBS are not an enforcement authority and do not provide legal advice. CBS will work to assist with discussions between you and your builder.
Four - Dispute Resolution:
If the matter cannot be resolved through CBS, it may be time for you to book an appointment with us to take the matter further. We recommend seeking advice as early as possible to prevent further escalation of the problem at hand. Here at CPC Lawyers, our approach is to settle your dispute outside of the courtroom by negotiating with your opponent using dispute resolution methods to achieve an efficient and cost-effective result
Five - Civil Litigation:
If all else fails, it is possible to take your matter to court in South Australia. if you do find yourself needing to go to Court, it is critical you seek legal representation and ensure all records and supporting evidence, such as letters, faxes, emails, and bills are available. Our lawyers will critically assess the facts of your case, determine the best possible cause of action, and provide advice as to whether you have enough evidence to support your claim in court.
Don't let a dispute cause you unnecessary stress and derail your project. If you believe that a disagreement is unfolding regarding a building and construction project, we recommend seeking advice as early as possible to prevent the dispute from escalating or becoming more out of hand.
Want to know more?
At CPC Lawyers, our specialist team of Building and Construction Lawyers will provide you with transparent costing and un-biased advice to ensure a cost-effective result for you.