Jun

26

Building Disputes

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In any type of construction, be it residential, commercial or industrial, on a small or large scale, there are many ways in which disputes arise. These disputes may include:

  1. Domestic building disputes between a property owner and a residential builder.
  2. Commercial Building Disputes
  3. Building Disputes between contractors and subcontractors
  4. Disputes between builders or property owners with the Queensland Building Services Authority.

At  Ferguson Cannon we have extensive experience in acting on behalf of property owners, builders, contractors and subcontractors in all types of building disputes. There are many twists and turns that can take place in building disputes. It is therefore important that the lawyer you have acting on your behalf is familiar with the terms of any contract that may be entered into, and the provisions of the appropriate legislation that governs the type of building work that is in dispute.

THE COMMERCIAL AND CONSUMER TRIBUNAL

If a building dispute is unable to be resolved, proceedings must be commenced in the Commercial and Consumer Tribunal, which replaced the Queensland Building Tribunal on the 1st of July 2003. The tribunal’s website contains information that may be of assistance to you with respect to making such claims. The website address is www.tribunals.qld.gov.au.

COSTS

We are mindful of the costs that can be incurred in representing clients in building disputes. We therefore encourage open and frank communication with the other disputing party in an attempt to resolve the dispute at an early stage if possible. If this is unable to be achieved and proceedings are commenced in the Commercial and Consumer Tribunal we are then able to act on behalf of clients throughout the Tribunal proceedings.

MEDIATION

The Tribunal will generally refer a matter to mediation before any major steps are taken. This encourages the parties to resolve the matter without incurring any further costs.

If the matter is unable to be resolved at mediation the Tribunal will then give directions as to what each party must do to have the matter prepared for a hearing. This will include, preparing and filing in the Tribunal statements of witnesses including expert witnesses that the party will rely upon in any subsequent hearing. This enables the parties to prepare for a hearing with advance knowledge of the evidence that the opposing party will rely upon in the hearing.

Our lawyers have extensive experience in this area from domestic building disputes to large and complicated commercial building disputes. We would be more than happy to discuss with you details of costs and outline the procedure required to ensure that all efforts are made to achieve a successful and speedy resolution of your dispute. Please contact Byron Cannon, Director @  Ferguson Cannon.

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Category: Business & Corporate Services, Construction Law, Contract Law, Conveyancing, Dispute Resolution, Fact Finders, General, Property Development

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