DISPUTE PREVENTION. To reduce the risk of a dispute, carefully check and be sure you understand the contract, including any plans and specifications, before signing. Discuss any questions with your contractor and seek independent legal advice if you still have concerns. Once construction starts, maintain regular communication and, where possible, site inspections with your contractor and pay promptly when required under the contract.
DISPUTE PREVENTION. 1. The National Focal Points or "ombudsmen" will act in coordination with each other and with the Joint Committee, in order to prevent, manage and resolve disputes.
DISPUTE PREVENTION. There are many causes of disputes between homeowners and contractors. Apart from faulty workmanship, the most common causes of disputes relate to poor communication and inadequate or inaccurate documentation. A key step in preventing disputes is to ensure that you carefully read and fully understand the contract before signing it and seek legal advice if you have concerns about any of the provisions. Make sure that the contract documents, including any plans and specifications, fully detail all aspects of your agreement with the contractor regarding the repair work to be performed. Maintain good communication with the contractor and monitor progress of the work while being careful not to interfere.
DISPUTE PREVENTION. To reduce the risk of a dispute, carefully read and understand the contract. Also check any associated plans and specifications before signing. Discuss any questions with your contractor and seek legal advice if you still have concerns. Dispute resolution If a dispute with your contractor occurs, firstly advise them in writing giving them a reasonable time to respond. If this doesn’t resolve the problem, explore QBCC’s free Early Dispute Resolution (EDR) service and your legal options. It’s critical that you engage a practising solicitor before terminating the contract. Incorrect termination may have serious legal and financial consequences and reduce your Home Warranty protection. Extensions Of Time (EOTs) The contract must state the Date for Practical Completion for your project, or how the date is to be determined (e.g. 180 days from commencement). The Act sets out circumstances in which a contractor may seek to extend this date (e.g. if you approve a variation to the contract which involves extra work, or the work is interrupted by more rain than could have been anticipated). The contractor must give you a written EOT claim that you should carefully consider (not unreasonably reject) and respond to promptly in writing. If you approve the claim, the Date for Practical Completion will be extended by the period claimed. If you do not approve the claim, the extension is deemed ‘disputed’. Practical completion and handover You are not required to pay the final contract payment until all of the contracted work has been completed in accordance with the contract, all legal requirements, and either without any defects or omissions, or with only minor defects or minor omissions that will not unreasonably affect occupation. If you believe there are any minor defects or minor omissions, the contractor must give you a ‘defects document’ (listing agreed and non-agreed matters). This document should be compiled by you and the contractor during a handover inspection. Check your contract to see if it imposes any extra requirements on the contractor for practical completion. Implied warranties Under the Act, a range of warranties are deemed to be part of all regulated domestic building contracts. The warranty period is six years for structural defects and one year for all other defects. I have read this Consumer Building Guide I have read and checked all contract documents, including the schedule, general conditions and special conditions (if any) and all plans and spec...
