Making it right: the steps taken to resolve a building dispute
Anyone who has built or renovated a home before will tell you one thing: it doesn’t always go to plan. The finished structure may not be what you expected, there may be a delay in completion or there could be dispute about fees.
Regardless of the reason, it doesn’t hurt to enlist the services of building dispute lawyers in Melbourne, as they can help you with the following five steps to resolving the crisis…
Informing the other party about the issues
First, you need to discuss the problem with the other party. This includes keeping - and providing where necessary - documentation such as contracts, communications and payments.
You may also want to record or note the conversations that take place with the other party, and take photographs of the work they conducted to use if it goes to claims court.
Write the complaint
If you are unable to resolve the dispute by discussing it with the other party, you will then want to write a letter to that party detailing the problem and requesting a proper response.
Provide the party with a timeline for when you expect a reply (this usually dates within two to four weeks). This step is important as it proves that you are making a reasonable request to resolve the dispute before taking it further.
Apply to the DBRV
The Domestic Building Dispute Resolution Victoria (DBRV) is a government agency that has the power to resolve domestic building disputes when each party failed to reach an agreement with the previous steps taken.
The DBRV provides dispute resolution services for issues including glazing, concreting, insulation, painting, plumbing, floor coverings, fencing, electrical work and more.
You will have to show the DBRV that you took the reasonable steps to resolve the dispute without taking it further. This could include previously writing to the other party and notifying them of your intention to go to the DBRV if you don’t receive a reasonable response.
Your initial online application must include contact details for both parties as well as the details of the issue. Your application will be assessed by a Dispute Resolution Officer who will determine if the DBRV has the authority to act on the matter.
DBRV conciliation
If the Dispute Resolution Officer determines that the application falls under the DBRV’s jurisdiction they will then request all documents relating to the dispute including contracts, architectural designs and more, with possible outcomes being:
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Agreement: If an agreement is reached, both parties will be responsible for honouring the terms of the agreement (which will be formally documented).
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Dispute Resolution Order: A Dispute Resolution Officer may issue one or both parties with a binding order (the latter occurring if there is no agreement).
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Certificate of Conciliation: if there is no agreement, the Dispute Resolution Officer will provide both parties with a certificate of conciliation which, consequently, allows the issue to proceed to the Victorian Civil and Administrative Tribunal (VCAT).
Note: If one of the parties involved fails to attend the DBRV conciliation process, the Dispute Resolution Officer may enlist an assessor to evaluate the work conducted in the dispute. The outcomes of this could include certification that the party failed to attend conciliation or provide a Dispute Resolution Order.
Proceeding to VCAT
If the previous steps failed to resolve the issue then a claim may have to be issued through VCAT - this is where legal advice is typically required to proceed. An injunction to mandate or stop action by the other contracted party may be required before going ahead with the VCAT process.
VCAT typically begins with a compulsory conference or mediation that may proceed to a tribunal hearing if there is no resolution. This will be similar to a court hearing and its results are enforceable by state law.
