Building disputes are an absolute nightmare for all involved. For builders, they typically arise when the owner hasn’t paid them for work performed. For owners, they typically arise when the builders haven’t performed the work they agreed to in the contract. Either way, they are an unpleasant process that is incredibly stressful for builders and owners alike!
Your contract should include a number of remediation methods that you can both enlist in case of a disagreement. This includes clauses that show you are willing to negotiate in the event of a dispute. However, if you do find yourself in a building dispute that cannot be resolved through meditation then you must be prepared to take your case further: the Victorian Civil and Administrative Tribunal (VCAT).
To have a greater chance of winning proceedings in the VCAT it is important to be prepared with the following:
- Know your case back to front
All relative information goes a long way to helping you achieve success in this unfortunate situation. You’re living the proceedings, and so it is imperative that you know every important detail relating to your case. Naturally, your building dispute lawyers will help you gather all imperative documentation that will help you receive a winning result.
However, it is imperative that you start gathering important information even before you engage a law firm, and why? Because you may need to prove to VCAT that, yes, you did request for the problem to be rectified and this went unanswered or, yes, you did contact the owner requesting payment for any extra work they requested on the property.
By gathering all the necessary information you will not only have a better chance of proving your case to the tribunal but will also have a more profound understanding of the situation which could give you the leg up over your adversary.
- Enlist reputable lawyers
Building dispute lawyers provide a specified service that ensures you will have a greater understanding of your case. What’s more, you can enlist legal representation when fronting VCAT and this can provide a further advantage over your adversary. But it’s important to enlist trusted legal advice with a solid industry reputation. Before enlisting legal representatives, be sure to take the time to research their portfolio and see whether they are right for you or not.
The best place to start is by simply reading their Google reviews: is it obvious that their past clients are happy with their service? From there, take a look at their testimonials and even contact them to host a consultation. They should be able to impress you with their profound knowledge of the subject matter and inspire confidence that your case will be in good hands.
- Keep charge of your emotions
When fronting VCAT, one of the most important things you can do is keep check of your emotions. After all, judgements aren’t based upon grand statements that play on emotions – they are won by sticking to the facts and sharing those facts with the tribunal. You want to be as succinct as possible when presenting your case, so the last thing you want is to waste any time making big and bold speeches.
Finally, it is always advised that you keep your expectations at a reasonable level. This is because it sometimes happens that plaintiffs (and defendants at that) don’t receive the exact outcome they were expecting. It’s important to know that there can be a variety of outcomes from VCAT proceedings and that it’s important to stick to the facts to achieve the best of them!
