Process
Phase 1: Contractual Review and Preliminary Assessment
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We review the Building Contract, disputed items and any documentation relevant to the disputed items against legislative requirements, Codes and Standards.
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We provide our preliminary assessment on the merits of the disputed items from a building, not legal, perspective and give advice on procedural recommendations and financial exposure.
Phase 2: Acceptance of Engagement and Recommendation:
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Subject to our preliminary assessment of the merits of the disputed items, we will confirm our acceptance of engagement and provide an estimate of pricing.
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We provide our recommendations on how each disputed item should be addressed. As part of this phase and dependant on the nature of the disputed items, it may be necessary to procure input from third party experts (such as structural engineers, certifiers etc), for which we will defer to our panel of consultants after obtaining the builder’s agreement to do so.
Phase 3: Negotiate to Resolve Dispute:
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We prepare a written dispute resolution proposal for the builder to provide their client. If the dispute cannot be resolved in response to the written dispute resolution proposal, we suggest the parties participate in a formal mediation.
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We recommend no less than 2 external accredited mediators who would be appropriate to mediate the dispute and assist the builder in seeking agreement from their client to engage one of those mediators, or another suitably qualified mediator.
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Prior to the day of mediation, we work with the builder on option generation (including, where appropriate, financial settlement, works agreement, or combination of both).
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We attend mediation with the builder and assist by talking through the disputed items and negotiating with the client.
Phase 4: Post Mediation
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If a settlement agreement was reached at mediation, we are available to provide assistance to builders in planning works to be rectified, including recommendation of third parties suitably qualified to carry out the work, where appropriate.
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If a settlement agreement was not reached at mediation, we assist builders to select and engage: legal representatives with proven expertise and ability in managing litigated building disputes, including preparation of a brief of material to the legal representative; and suitably qualified expert witnesses, where required, and we offer assistance in the preparation of instructions to those expert witnesses, including setting parameters for inclusion in a Scott Schedule.
By engaging Builders Dispute Resolution Network, builders gain access to our personal building industry expertise and network of tried and proven legal and non-legal consultants.