Brody McDowell – Solicitor, Litigation and Dispute Resolution
Cracked walls? Poor landscaping? Cupboards out of alignment? Dodgy plumbing?
Getting your building issues fixed doesn’t always need to involve a court/tribunal. There are many opportunities to resolve along the way.
If you have already attempted to resolve your issues directly with your builder, the first step is to apply to the Domestic Building Dispute Resolution Victoria (DBDRV). The DBDRV is set up for homeowners to engage in an informal dispute resolution process with their builder to settle the dispute without needing to go to a court or tribunal.
If the DBDRV process is unsuccessful, you will be issued with a certificate of conciliation allowing you to take your dispute to the Victorian Civil an Administrative Tribunal (VCAT).
Whilst there may be a temptation to file your VCAT application straight away, there are a number of key considerations that we commonly advise on before filing, including:
- The fact that the Tribunal requires expert reports to be complaint with its rules;
- When to obtain an expert report; and
- Cost considerations.
Even once you file with VCAT, this doesn’t mean you are required to run your matter through to a hearing. Where the value of your claim is greater than $25,000, VCAT will usually list the matter for a mediation. At mediation an independent third-party mediator will attempt to assist the parties to reach agreement, however they won’t make a decision.
Even if you and your builder fail to reach an agreement at mediation you can still negotiate with your builder and settle you case at any point up until the day of the hearing.
Each matter has its own set of complexities and there are often many other considerations that are required to be factored in when determining what may be the best way to resolve any given building dispute in a commercially sensible way.
If you have a building dispute that you wish to discuss with Brody McDowell or a member of our helpful and friendly litigation team at Beck Legal, please call on (03) 5445 3333 or email info@becklegal.com.au to find out more.