Things You Need to Know About Building Disputes in Sydney
Construction is a huge investment that’s why it’s totally risky to have building disputes. Usually, the ideal workflow starts with determining the risks, anticipation, formulation of a plan, and then provide resolutions. But it’s not as easy as it sounds, there are certain unavoidable instances which we neglect to see. Sydney’s construction industry is at its peak. Many large and small builders have been currently occupied with all construction works. Hence, a lot of potential conflicts may arise.
What is Building Dispute?
A building dispute refers to a construction conflict which will arise when a party to a contract fails or is perceived to have failed to comply with their legal or contractual obligations to a contracting party. It is a variety of problems that can happen within the construction process. The major reason for building dispute is due to poor contractual documentation.
Causes of Building Disputes
There are many causes and reasons why building disputes happen. The general causes of building disputes include payment conflicts, disagreement of quality of works, delays, and poor communication. Payment conflicts have many variations such as nonpayment, underpayment, and late payment for works completed. Delays have two forms; the inexcusable and excusable delays.
Steps in Resolving Building Disputes
Step 1: Discuss the issue
It’s better to talk about it first when you have acknowledged the problem. There are times that it’s just a simple misunderstanding and can be resolved with a simple discussion.
Step 2: Send a letter
Even the discussion turned out to be bad or not. Send a letter to your builder/contractor of the things that you want them to do and when it must be done. Any medium to send a letter is okay, but take note that you should hold something as a proof that they have received your letter.
Step 3: Consult with a building lawyer as early as possible
When there is still no response from the other party, that’s the time you’ll need to consult with a building and construction lawyer. We recommend you to consult as early as possible so things will not get worse.
You may think that hiring a lawyer is just a waste of money but it is not. It is far cheaper to have the right advice at the outset. Dispute resolution usually happens at the end of the line after much expense in preparation.
Dispute Resolution Process
1. Negotiation – The first and easiest way to resolve problems. The outcome of the negotiation can resolve or worsen the issue.
2. Mediation – This is also called the “assisted negotiation”. Mediation is a procedure where the parties can voluntarily participate or withdraw at any time. The result must be a deal that will establish a mutual agreement.
3. Adjudication – This is a legal process which involves an arbiter or judge reviews evidence and argumentation.
4. Arbitration – This is an impartial and independent person appointed by the parties to identify the focal point of the dispute between correspondence. The result is final and binding.
5. Litigation – Now, this is the Court-based procedure. Generally, a judge will make a decision based on the legal representations. The result will be win or lose.
How Can Contracts Specialist help?
Contracts Specialist only works on Sydney construction law matters so you can be confident you are getting the right advice. Building disputes are common cases that we deal with day in and day out. We will use our experience and expertise to guide you through the process.
Visit https://www.contractsspecialist.com.au for more details.