Building disputes are unwanted challenges for Perth home owners and builders alike, whether you are constructing your dream home or your next commercial premises.
Why choose CS Legal to handle my building dispute?
Our team prides itself on turning complicated messes into simple, easy to follow advice which gives you a clear understanding of steps you need to take to prosecute or defend your claim.
What types of building disputes can CS Legal handle?
Our lawyers can assist with a variety of building dispute claims including:
- Workmanship issues
- Breaches of contract
- Payment issues
- Variation disputes
- Access Issues
We can assist by:
- Liasing with the other party;
- Offering initial advice and guidance;
- Drafting preliminary notice and Building Commission complaints’
- Responding to complaints;
- Liaising with the Building Commission; and
- Representation in the State Administrative Tribunal and Courts.
What is the process for handling a building dispute?
To help you understand how your building dispute will proceed, we have outlined the main steps you will need to take.
Step 1 – Identify the issue
What are you alleging has not been complied with?
Step 2 – Review your contract
What does your contract say? Has there been a breach?
Step 3 – Raise the issue
Raise the issue with the builder/home owner. Can the issue be resolved amicably?
Step 4 – Seek Legal Advice
Speak with a lawyer for advice on determining the correct jurisdiction For instance, workmanship complaints can be referred to the Building Commission but contractual complaints can only be referred to the Commission if the value of the contract is under $500,000.
Step 5 – Issue a Preliminary Notice
In order to refer your complaint to the Commission, you must first issue a Preliminary Notice. A Preliminary Notice is a default notice in that it advises the other party of your intentions and gives them time to address those issues.
Step 6 – Lodge Complaint
If the matter is not resolved, you can file your complaint which will consist of the application form and copies of all evidence.
Step 7 – Wait for Response
If the Commission accepts your complaint the Commission will generally inspect the works and will write to the other party. They will be given an opportunity to respond at which point you too can include a reply.
Step 8 – Commission’s Decision
The Commission will either issue orders, reject the complaint, refer the matter to mediation or in the case of complicated matters, refer the complaint to the State Administrative Tribunal.
How to get legal advice for your building dispute
We offer a fixed fee $440 (inc. GST) consultation for new clients to discuss your matter and outline the best course of action.
Our team can also give some reassurance regarding your building experience if you have any doubts and can offer helpful, practical suggestions to help you get through the building process.