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When building disputes occur, they can be very stressful, time consuming and very expensive to resolve within the Court.
Why Disputes?
Most disputes arise because people do not understand the responsibilities a building contract places on the part of the home owner and on the part of the builder. Often misunderstandings involving; building costs, quality of work, variations or changes to the work, time periods to completion, and the work that will actually be performed, are all common disputes.
I have a Dispute. How do I resolve it?
First, approach the other party with the aim of resolving the issues amicably. Should this fail, The Building Centre can refer you to a specialist Home Building Solicitor or a Qualified Building Consultant to mediate between the parties to afford a resolution. This service is designed to determine the issues in the dispute or if a breach of the law has occurred and what options are available to resolve the complaint. Most common reasons for employing this service are: building defects, incomplete work or damage as a result of the builder's or contractor's work.
This service extends to providing practical, expert advice on preventing or resolving problems between you and your builder or tradesmen such as communication breakdown, disagreement about variations to the original contract or problems with workmanship to name a few.
Often by engaging an independent expert, the problem can be diffused or resolved, avoiding costly delays, added friction or changing the whole tone of the working relationship. It is always preferable to 'nip in the bud' a potential problem.
An experienced Building Consultant will visit the site to learn about the problems then initiate a resolution. Your contract, drawings and specifications will be reviewed, so that an expert and impartial opinion can be formed as the basis of resolving the problem. We encourage you to take advantage of this service in order to avoid the stopping of work and potentially very costly legal action.
To get an obligation free quote on Advice and Inspections, call us on 1300 884 876 or complete the Inspection Quote Request online.
Unresolved Building Disputes
Should a dispute be unresolved, the various states offer a Dispute Resolution Service.
In New South Wales
If you and your contractor cannot resolve the problem, you should contact 'The Office of Fair Trading' and request Dispute Resolution Assistance. They may refer you to HoBAS (The Home Building Advisory Service) to assist you further. If the process put in place by 'The Office of Fair Trading' is unresolved, an application to the Tribunal - i.e. "Consumer, Trader & Tenancy Tribunal" (CTTT) would be your next step. The necessary Expert Reports for the Tribunal can be provided by our network of Buildings and consultants.
Complaints can be made to 'The Office of Fair Trading' if the building work is less than seven years old and the builder is not responding to the defective work.
In Victoria
Building advice and conciliation is provided through the 'Building Advice and Conciliation Victoria' (BACV). This service provides free advice to assist you and your builder to reach agreement and resolve a dispute. Where a dispute is unresolved, you may seek independent legal advice from a specialist building solicitor, or take your case to the Victorian Civil and Administrative Tribunal (VCAT).
The Building Commission of Victoria encourages you that if you have concerns about your building project, it is a good idea to contact BACV earlier rather later as issues are simpler to resolve before they are compounded by further work. To make a complaint, you will be required to complete a complaint form supplied by Consumer Affairs Victoria.
In Western Australia
the 'Building Disputes Tribunal' has legal authority to resolve most building disputes and workmanship complaints where contracts are between $7,500 and $500,000. Prior to lodging a complaint with the Building Disputes Tribunal you are required to supply your builder or contractor with a prescribed form detailing your complaint. The 'Building Disputes Tribunal' issues information packs including the correct form to be used to notify the builder of the complaint.
Building and workmanship disputes with a contractual value of less than $7,500 may be referred to the Department of Consumer and Employment Protection. Homeowners are required to notify the builder or contractor prior to contacting The Department of Consumer and Employment Protection. The Department will require a copy of the letter you supplied to the builder or contractor.
To get an obligation free quote on Advice and Inspections, call us on 1300 884 876 or complete the Inspection Quote Request online.
It is important to have a thorough and independent building inspection carried out, at least six (6) months prior to the expiry of the Home Warranty provisions in your state, associated when building work is carried out by licensed builders.
Only use properly and appropriately licensed builders for this protection and peace of mind.
A pre-exit Home Warranty Inspection, which we can organise, will thoroughly carry out a visual inspection of the works that were carried out by your licensed builder, based on the drawings and specifications which ideally you should have available at the time of inspection.
Armed with this report, should there be defective work or problems that have emerged, you are then in a position to quickly take these matters up with the builder and have them properly rectified. If the builder refuses, procrastinates or has disappeared, you then have independent and properly documented information to take up with the appropriate builders licensing authority in your state.
A summary of the warranty period around Australia is below:
- ACT: 6 years. Administered by ACT Planning and Land Authority - TEL: (02) 6207 1923
- NSW: 6 years. Administered by Office of Fair Trading - TEL: 13 32 20
- NT: 10 years. Administered by Department of Business, Industry and Resource Development - TEL: 1800 193 111
- QLD: 6.5 years. Administered by Building Services Authority - TEL: 1300 272 272
- SA: 5 years. Administered by Office of Consumer and Business Affairs - TEL: 08 8204 9777
- TAS: 10 years. Administered by Consumer Affairs and Fair Trading - TEL: 1300 654 499
- VIC: 6 years. Administered by Building Commission of Victoria - TEL: 1300 360 320
- WA: 6 years. Administered by Builders Registration Board - TEL: (08) 9476 1200
To get an obligation free quote on Advice and Inspections, call us on 1300 884 876 or complete the Inspection Quote Request online.
Construction Options – Panel Systems
Lightweight Composite Panels: these panels provide for a rapid erection system and can be used for walls, roofing, flooring and internal partitions. Being of a lighter weight and larger, the construction costs are lower and the construction timing is quicker. They can represent big savings. Thermally they perform extremely well.
These should be laid by an expert in this field. If it is DIY or Owner builder constructed, then you must read and follow the specifications closely. The blocks should not be laid on the ground or directly on to concrete foundations. A damp proof course should be laid over the foundations and then fix the blocks. Any water absorbed from the ground or concrete will destroy the block or panel. Refer to the specification sheets for further details. The popularity of this form of construction has increased in recent years, due to a lower cost than full brick, and it is a quicker building process.
Concrete blocks are large blocks usually with two large internal hollow interiors. They are usually cheaper to buy per square meter of wall, and being a large product, they are cheaper to lay.
Concrete blocks will need to be laid on a concrete foundation and which will require firm soil and or shale underneath. The exterior surface of the concrete blocks should be made waterproof with a cement based paint or coating. The interior can be finished with cement render and painted or solely painted. Once the walls are built, they are almost finished apart from the painting. This is a less expensive construction technique than double brick construction.
Concrete blocks can be used for retaining walls. Once the wall has been built, steel reinforcing bars specified by a structural engineer is positioned, and concrete is poured to fill the the large internal hollow interiors.
Construction Options – Brick Veneer
Brick Veneer construction usually comprises of an external load-bearing perimeter wall constructed using a single skin of bricks, and the internal and external wall constructed using a frame and plaster, gypsum or fibre cement board, or even timber sheeting or other suitable lining, in between which is installed wall installation, which is available in many forms.
The interior non-load-bearing walls are usually simply timber or steel framed walls with insulation, and covered on both sides by either timber or steel frame with insulation and linings of plaster, gypsum or fibre cement board, or even timber sheeting or other suitable building material. Unless prefinished, the walls will require painting to the interior. This form of construction is usually considerably cheaper. Being a lighter, less expensive 'foundations' or at the flooring systems are required. Be aware that this form of construction has lower performing thermal and acoustic capabilities than double brick for example.
For people considering adding an extra floor to their home or building, if the structural engineer advises that the existing building is not particularly strong, then it is common to see a brick veneer upper floor addition been built on an existing double brick ground floor structure.
In Capital Cities, the major building material manufacturers dominate the supply of plaster and fibre cement boards. Visit the Bricks, Blocks, Pavers + Building Systems category of www.showrooms.com.au to find the details of suppliers of brickmakers australia wide.
Construction using double brick is when the external and internal skins of the external walls are built using bricks laid by bricklayers. These are usually strong load bearing walls. There is an important cavity between the two 'skins', which allows water or moisture to travel down and using the combination of flashing and weep holes to leave the exterior of the building. Importantly with the brick ties correctly positioned the two skins of brickwork together.
The benefits of double brick construction are that the walls are almost finished once the bricks have been laid. The walls could be cement rendered on the interior and, or one can fix plaster board over the bricks. If you choose a face brick, especially for the exterior walls, you eliminate the additional costs of cement rendering and or painting. The choice of face bricks also eliminates future costly painting.
Double brick construction is considered a good insulator and the house will be warmer or cooler in the various seasons. It is a more expensive construction option. It is also a heavier building alternative which will require properly engineered designed footings, foundations or concrete slabs. Most 'bricks' are composed of clay and kiln fired. The bricks are either formed by extrusion or 'pressed'. There are some 'concrete' or 'concrete aggregate' brick makers. These concrete bricks are manufactured using powdered portland cement, water, sand, and gravel products. For people who are concerned about sustainability, by virtue of the manufacturing process is required for bricks, they are usually described as having a high with embodied energy value, but make up for this with high installation and acoustic values, and of course longevity.
In Capital Cities, the major building material manufacturers dominate the supply. There are still a number of regional brickmakers which also supply into cities. Visit the Bricks, Blocks, Pavers + Building Systems category of www.showrooms.com.au to find the details of suppliers of brickmakers australia wide.
The Building Centre Network offers a range of services for Builders and Tradesmen to help assist your needs. This section offers CPD points to renew builder's licences, insurances, finance or general assistance in the building industry.
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