Building & Construction
6. Dispute Resolution Process
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 23 Jun 2015
- If you have a complaint about a contractor or builder it is courteous to first direct the complaint in writing to the contractor or builder. If you are not confident about expressing yourself clearly you can ask a lawyer to assist you in drafting your complaint. Our free Find a Lawyer directory provides contact details for lawyers who may suit your needs.
- You may wish to propose alternative dispute resolution such as mediation in order to resolve the dispute quickly. You can find out more in our Alternative Dispute Resolution topic.
- If the complaint is not dealt with satisfactorily you can make a complaint to:
- your state or territory Building Commission or Board; or
- a governmental agency such as the Office of Consumer Affairs or Department of Fair Trading.
- The Commission or Office will then attempt to resolve the dispute by informal negotiation between the parties.
- If this is unsuccessful the Commission or Office may undertake a site visit and assess the situation taking into account all of the available evidence. Should they believe the contractor is responsible for any defective or incomplete work they may issue an order sometimes called a Direction to Rectify or Complete regarding what is to be done about the situation. This order will include a time limit.
- This order carries consequences for the contractor who may have to pay extra annual licensing fees for every order made against them. The outcome may also be publicly listed against their name.
- Failure to comply with an order may result in the contractor:
- losing points from their license;
- having conditions imposed on their license;
- having their license suspended or cancelled;
- receiving a fine; or
- having disciplinary action taken against them in a tribunal or court.
- Usually these orders can be reviewed by state tribunals. Complaints against builders can also go directly to a tribunal without first going through a Commission or Office. However it is recommended you try using a private or public conciliation process first as resolving the dispute in this way will be quicker and cheaper than litigation.
- Please see our topic on Tribunals & Public Sector Appeals for more information about the tribunal process.
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