You sensed it coming on for some time and now it’s finally happening – your builder isn’t doing the job in the contracted scope and it’s costing you big time. Or, you’re a builder who was worried that the owner wouldn’t pay you for your work and that nasty worry has become a grim reality!
These are common, highly unfortunate elements of Australian construction, and something that requires immediate rectification. Enter Domestic Building Dispute Resolution Victoria (DBDRV) – the go-to authority before any party gets dragged into an unwanted VCAT situation.
So, what is this long-acronymed construction authority? And how can they help both builders and property owners return a fair outcome for their grievance?
Let’s find out below:
- It’s imperative to consult them first
VCAT is easily the most popular grievance resolution body in Victoria, with top class building dispute lawyers helping their clients return a successful outcome for their grievance. However, it is impossible to take your grievance to VCAT before the DBDRV unless you are seeking an injunction. Having your grievance heard at the DBDRV before VCAT can potentially help you save money on expensive legal processes whilst minimising the amount of cases that appear before VCAT.
- You must take conciliation seriously
Penalties apply for parties who don’t abide in such manners:
- Parties who fail to attend their mandatory conciliation proceedings;
- Parties who fail to participate in good faith (a party who fails to keep an open mind and actively dismisses the idea of a healthy resolution);
- Submits a subpar application, and/or;
- Creates unwanted expenses for the DBDRV resulting from any of the above-listed infringements.
- The process is confidential only in speaking
Everything said between parties at their conciliation is confidential and deemed inadmissible in VCAT unless both the owner and builder (and any other parties) agree for it to be used.
Furthermore, any of the chief dispute resolution officer’s (CDRO) reports or written documentation can be used as evidence in any future proceedings. Documentation to determine whether a resolution order or other proceeding is required can also be used by the respective parties.
- Not all conciliation outcomes are final
There is no one outcome to every DBDRV conciliation. Instead, they may require a number of steps to complete the process, and this includes the following:
- Agreement: A formal record of agreement will be produced if each party agrees to the resolution. All necessary parties must sign this record as it contains the required actions and/or payments needed to complete this unwanted process. It also contains a timeline in which the actions, payments or both must be met.
- Breach of agreement/partial resolution: The CDRO may wish to issue a dispute resolution order or certificate of conciliation against one, both or all involved parties. It is the responsibility of all parties to abide by the terms listed in this issuance. Significant penalties will be applied to any party who fails to meet the terms provided in this documentation.
- Dispute not resolved: The CDRO may issue a document stating that all involved parties attempted in good faith to reach a resolution but were unable to do so. In this case, either party is free to apply to VCAT to have their grievance heard through this tribunal.
Regardless of your reasoning behind heading to the DBDRV, it is imperative that you seek vital advice from trustworthy construction business lawyers. They will help ensure that you are equipped with the documentation and knowledge required to receive the best outcome from this unfortunate situation!
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