Disagreements can stem from a wide range of issues including: lack of progress, deficiencies and defects following completion, regulatory failures, overbilling and disagreement about the final settlement.
If circumstances are uncovered that may constitute deficiencies, the customer must investigate and advise of this in a timely manner. There are requirements for the contents of the submitted complaint. The customer must describe the nature of the failure and applicable claim. It is advantageous to clarify the significance of the defect as early in the process as possible. Deficiencies can also cause damage to the building, sometimes in completely different places to where the defect occurs.
After a complaint has been made, the issue is whether the tradesperson has the right to rectify the defects, and potentially how long or how many attempts at remediation the tradesperson has.
Delays or deficiencies can result in the customer being entitled to compensation. The issue with delays or deficiencies often pertains to whether the customer has the right to withhold payment or to offset their claims against the payment demands submitted by the tradesperson.
Handling disputes following tradesperson services is demanding. Customers risk being badly affected because of unclear contracts, deficient complaints and lack of knowledge when following up on disputes.
Our lawyers have broad experience in assisting with everything from entering into agreements, to disputes following completed services by tradespersons. We also have good industry knowledge and an extensive network of contacts in various technical advisory roles.