building dispute resolution procedure why you need a VCAT Expert
Professional advice on DBDRV & VCAT building disputes from an established expert with more than 35 years building industry experience.
BUILDING DISPUTE RESOLUTION PROCEDURE
Process for building dispute resolution
Resolving building disputes can be difficult and stressful.
Try taking the following steps in attempt to resolve the conflict.
Step 1: Try to resolve the dispute by discussing the issues with your builder. Keep copies of all relevant documents and any written communication such as emails etc.
Step 2: If you come to loggerheads, send your builder a letter or email, formally outlining the issues and requesting action to be taken.
By putting your concerns in writing, you will have a record of your discussions. This can be then supplied to a third party if you need to take your complaint further due to lack of response or action by the builder. This also demonstrates that you made a reasonable attempt to resolve the problem through negotiation.
Step 3: If you do not receive a response from your builder and are unable to resolve the dispute, you can lodge with Domestic Building Dispute Resolution Victoria for resolution.
Be Prepared before going to DBDRV or VCAT
A complete assessment of the building works is required so that all parties are aware of the actual issues at hand, both from a technical and contractual perspective.
A Site Compliance Audit will identify all facets of the build that do not meet with the applicable National Construction Code NCC, relevant Australian Standard, Project Specification and/or the contractual obligation of the builder.
Once a complete audit and assessment of the building works has been completed, on-site mediation meetings with clients, builders and contractors to negotiate best positive outcomes without the immediate need for external mediation processes should be held.
What you need to bring to VCAT
For VCAT you will need to engage an Expert Witness to provide Expert Evidence in the form of a technical report and supporting verbal explanation to the member.
The Expert report must comply with the requirements of the VCAT Practice note PNVCAT2-Expert Evidence.
VCAT compliant reports outline the areas of the building works that do not meet elements of either the National Construction Code NCC, relevant Australian Standard, Project Specification and/or the contractual obligation of the builder.
Pick the right Expert for your case
It should be noted that the Expert Witness has a duty to VCAT to provide fair and unbiased evidence to the member. An expert’s extensive knowledge, training and vast experience is invaluable when offering advice to the member as to the defect and the associated ramifications or providing supporting information to combat an opposing experts’ opinion.
With more than 35 years hands on construction industry experience, we have the necessary knowledge, skills and experience to assist clients with all facets of building dispute resolution from initial on-site compliance inspections and documentation, to client-builder mediation, to DBDRV documentation and finally VCAT compliant Expert Evidence Reports and Expert Witness Testimony.
Get the full
“How to win a Building Dispute Guide”
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