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A domestic building dispute arises in many ways.
Dealing with it can sometimes be achieved through negotiations, but sometimes it ends up in litigation.
It is incredibly important to deal with a dispute strictly in accordance with the contract, the domestic building contracts act (DBCA) or other legislation. Often disputes can be made so much worse by not following proper procedures in time or process.
You need to think rationally and armed with the right knowledge when dealing with disputes. Acting on emotion or without proper knowledge can often make matters worse. Sounds obvious but all to often we see owners and builders that have made decisions they later regret. When a dispute arises, it is important to seek advice early on. The longer a dispute continues the more likely it is to remain unresolved and end up in litigation.
Contractual rights and rights under the DBCA are often very regimented. How they must be followed and what needs to be done is critical.
For example, terminating a building contract should never be done alone. A slight mistake can quickly flip things in a 180 degree turn. Where, you have terminated on a breach, but in doing so find yourself in breach and the claims now against you. Domestic Building Dispute Resolution Victoria (DBDRV) is an initiative of the Victorian government to resolve domestic building disputes.
This process brings parties together in attempt to conciliate on disputes. It can be triggered at any time during a contract or where a contract is terminated. A proceeding cannot be brought in a court or tribunal without first attempting to resolve a dispute in the DBDRV.
Where a dispute is not resolved in the DBDRV a proceeding is generally brought in VCAT.
Up until recently VCAT was the only place a domestic building dispute could be filed. However, a recent County Court decision has paved the way for these disputes to heard in the county court. Whether proceedings are commenced/defended in either VCAT or the County Court, the process is complex. Legal advice is essential to make sure that you are in the best position to prosecute or defend a claim.
Harbert Lawyers handles building disputes in both the County Court and VCAT. We have the necessary skills to put your best foot forward with every step. Don’t risk it with any other lawyer. Harbert Lawyers can carefully and effectively guide you through this process. While litigation will always be stressful, we work hard to make it as least stressful as possible. With proven results and real court experience, Harbert Lawyers should be your first port of call.
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