The construction environment is home to thousands of complex working relationships around projects that are constantly changing and evolving. With each relationship and project bound by as many contractual agreements in our environment, it’s no wonder contractual disputes are commonplace. So, you’ve found yourself being pursued for breaching a contract – what do you do?
Being pursued for violating your contract?
Act quickly and stay out of court.
Not sure which way to turn?
Here’s a few things you need to know about how to protect yourself:
Don’t ignore your client when they become disgruntled or risk facing a legal battle
Communication is the vital key to avoiding or minimising disputes before they reach the next level. Make sure you discuss the issues directly with your client with open and honest communication as soon as problems arise. In Queensland, if the dispute can’t be resolved internally, it may be referred on to QBCC, QCAT or the Courts. You can avoid the likelihood of this by speaking to a construction expert who can resolve the matter swiftly and efficiently.
Our dispute can’t be resolved. What happens next?
If a joint agreement can’t be reached, the matter might be referred on to one of the following parties;
Queensland Building and Construction Commission
The QBCC aims to resolve disputes between parties for defective or non-complete work. If the matter can’t be resolved through negotiation, however, they have the right to demand rectification work, issue infringement notices and demerit points, post performance records on their website or move to pursue the matter in court.
Queensland Civil and Administrative Tribunal
QCAT decides disputes related to domestic and commercial work and reviews the decisions of QBCC relating to the rectification of work. The QBCC must be contacted before QCAT when lodging a complaint.
Having to go through litigation should always be a last resort. If you’ve already dealt with the QBCC and QCAT and still find yourself in hot water, or not satisfied with the results of a tribunal, you can pursue this as a separate course of action. If you find yourself being sued, it is vital to seek legal advice to minimise your losses.