A number of regulatory bodies are empowered to deal with various complaints about building work, they include:

  • the Building Practitioner's Board;
  • the Victorian Building Authority;
  • the Director of Consumer Affairs Victoria;
  • the Victorian Civil and Administrative Tribunal; and
  • the Courts.

These bodies are empowered to deal with issues such as behaviour, quality of works and contractual disputes.

NON-LITIGIOUS DISPUTE RESOLUTION

The Victorian Building Authority and the Director of Consumer Affairs both conduct procedures which may in some circumstances lead to a resolution of a building related dispute. If you would like some advice or assistance in presenting your claim to one of these bodies, or advice as to which might be preferred or even the prospects for success, KO Construction Law will be pleased to assist.

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VCAT + COURTS

Depending on the nature of the dispute, resolution may be achieved by resort to either the VCAT or, in some cases, to the Courts, i.e. the Magistrates, County or Supreme Courts. Each of these jurisdictions would involve a Mediation process at which the client would be represented by KO Construction Law. Many disputes are resolved at Mediation. The VCAT and the Courts provide other various processes designed to promote resolution prior to a full hearing, failing which the dispute would be determined by the VCAT or the Court. KO Construction Law will guide the client through all of this.

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EXPERT REPORTS

In the course of a construction dispute it may become necessary to engage a building consultant, engineer or other expert in order to provide expert evidence to assist the development of the client’s case. This is very useful in negotiating, for example in Mediation, but also necessary to enable evidence to be available should the dispute to resolution in a full hearing. The expert must have wide experience and also the gravitas to impress with his/her evidence. KO Construction Law is on close terms with all suitable experts and would instruct them in terms designed to maximise the client’s interests.

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