You’ve seen it escalating and now it’s reaching its unpleasant pinnacle. Unfortunately, construction problems arise regardless of whether you’re a builder or homeowner, and sometimes they are impossible to resolve. This is where both builders and homeowners must follow four imperative steps to help rectify the situation before it can end up in court!
If you’re a builder or a homeowner and experiencing a nasty construction argument then it is imperative to follow these four steps to a resolution:
Speak about the issue
The first step when it comes to construction disputes is to communicate your concerns with the other party. Write down every time you communicate with the other party including what was said as well as the date and time it occurred. Every piece of documentation can assist your building disputes solicitor should you need legal advice.
Create all necessary records including pictures of the fault you would like to have rectified. What’s more, it’s important to keep any form of communication between you and the other party as well as contracts and invoices. Your lawyer will know exactly what to do with this information should the matter escalate even further.
Write to them
So, the other party failed to adequately respond to your concern? This is where things start to get really frustrating. However, although you might be a little infuriated with the current response, it’s important to send a cool and measured letter to the other party in which you discuss the problem and request a response – this should always be sent through registered mail.
Finally, put an expected date of reply on your letter (between two to four weeks) as this shows that you have provided them with an ultimatum to which they must respond to avoid taking the matter further.
Seek legal advice
So, you’ve spoken directly with the other party and even sent them a letter requesting an adequate response but still have nothing to show for it. It’s terrible, a truly frustrating experience that can really impede on what should be one of the most exciting periods of your life. Luckily, the best building disputes solicitor is there to ensure your build can get back on track or that you can receive some kind of positive result from this nasty situation.
Your new lawyer will now request all that documentation we advised you to keep during your initial attempts to rectify the problem. They will then happily take that information to your state’s building dispute authority where they will present it in a way that optimises the chances of a positive result.
Take it to the authorities
Each Australian state has an industry authority that exists to resolve construction arguments between builder and homeowner. Here, you can voice your concerns regarding the matter and seek a viable resolution.
It is always a good idea to have a reputable building dispute solicitor assist you at your local housing authority as they often have a working relationship with the housing authority and this, of course, can work in your favour.
Here, you will show the authority that although you tried to rectify the situation the other party failed to live up to their end of the bargain (or even provide an adequate response!).
Different states may have different outcomes but they generally include:
- Providing an agreement for each party to concord with;
- Providing a binding order for one or both present parties, or;
- Direct them towards the state’s administrative tribunal, in which case a state court may end up delivering a strictly-binding ruling for one or both parties involved.
But naturally you don’t want it to go that far. Therefore, it is imperative to seek expert legal business advice before the matter can continue to escalate. Professional construction lawyers exist to ensure the matter is resolved before it can escalate and they know exactly how to make this happen.
