Building disputes happen every day in Victoria. After all, we are the state on-the-go, with both civil and private construction underway at a constant pace. In a perfect world there would be no construction disagreements. However, with so much at stake, it stands to reason that a builder would be frustrated with late payments, or that a homeowner would be disappointed with subpar carpentry.
And, when disagreements occur, they can turn nasty and fast. You only have to ask construction lawyers about the unpleasant situations they have come across in their profession – it’s the stuff of nightmares!
Thankfully, most disagreements are linked to common causes and, through the awesome assistance of experience, be rectified before they turn into a costly VCAT battle (and that’s for both sides).
So, with this in mind, here are four common building disputes, and how you can go about avoiding them before they ruin the construction process:
- Quality disagreements
The most reputable building dispute lawyers have witnessed all kinds of shoddy work that has left homeowners feeling absolutely shattered about their investment. It’s a truly unfortunate situation that requires urgent rectification to not end up in VCAT.
After all, home construction is one of the biggest investments both individuals and property developers will ever make and so their investment should be rewarded with high quality work. This is especially so in Victoria, which maintains a high standard of construction upheld by the Building Act 1993.
Your highly skilled and professional legal representation will have a comprehensive knowledge of “the Act” and how to interpret it on your behalf. Enlisting legal professionals to ensure quality work is completed is essential to avoiding a legal battle that could end up in VCAT.
- Late payment, underpayment (or none at all)
Naturally, it is always advised that homeowners pay their expenses in the stipulated time frame. If you’re a homeowner and have entered a contract with a construction company then it is important that you pay your builder within the times stipulated in your contract.
Late payments, underpayment or refusing to pay your contractors at all without reason can put you as the homeowner in an unwanted position in which you will likely have to pay the builder anyway. So, it’s honestly for the best to avoid this common issue through ensuring that you can pay your contractor as is stipulated in the contract.
- Contractual problems
All kinds of contractual issues can arise due to quality, payments, scope of work and more. Contractual issues can become greatly exacerbated when both builder and homeowner interpret the contract and its corresponding problem in greatly different ways.
But this can be avoided through enlisting legal representation to assist you with the contract as well as gaining a thorough understanding of it before you put pen to paper. This way you can be sure that you and your lawyer fully understand the contract and can legally interpret for the best outcome should a disagreement arise.
- Work delays
Naturally, both parties want the job done as efficiently as possible. But work delays can occur for a variety of reasons (staff shortages, weather conditions etc.). But if it appears that delays are occurring without proper reasoning then this will end up costing both the builder and homeowner and this is something that needs urgent resolution.
Your reputable lawyer can go through your contract with you to ensure that the work’s scope and timeframe are being adhered to in a way that will ensure your project is complete when you are ready to move in or rent the property out to a new tenant!