Sorrento Beach at sunset is a lot nicer place to be than a day at the SAT
Alternative Dispute Resolution
CCA (2004) Adjudication
The SAT and the Courts
You can not be charged a variation for material or labour increases on a fixed price contract. (required by lending institutions)
The Home Building Contracts Act 1991 Part 2 s. 14 clearly states “A builder must not enter into a cost plus contract with an owner for the performance of home building work unless the contract is in writing and the written contract has a heading at the beginning that includes the words COST PLUS CONTRACT.” No resolution is required as such a clause is void, it is not part of the signed contract.
8M specialise in Alternative Dispute Resolution to deal with ordinary people with eveyday problems. The existing system fails “the bloke in the street” taking too long and costing / risking too much. This applies to the DMIRS Building and Energy department and the State Administrative Tribunal combination who seem to try to put out fires with petrol. They both lack the expertise in reaching a resolution between the parties leaving at least one party feeling bullied into submission. It was never intended to be that way but that’s how it ended up.
Aussies
The Australian way of life. Giving it a go. Getting a fair deal. Standing by your mate. Giving it your best shot. Giving and getting the benefit of the doubt.
A fair and independant view of the current system can be viewed here:
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and here:
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Building Disputes are always the same, the Builder needs to be paid in order to continue and the client, not happy with something (for a variety of reasons not always building) and thinks by holding payment they will get their own way. It doesn’t work like that.
There is usually a standard contract outlining how things like variations and extensions of time are dealt with. A payment is merely a payment on account in order that the builder can pay for materials and the workers. It is not an acceptance that the work is in accordance with the contract or the Building License. That comes at the Practical Completion Inspection prior to handover. This is a requirement of the Home Building Contracts Act 1991 (as the clause above about variations for increases) so everyone is well protected.
As humans we are all unique and see things differently. This image looks stationary to some people yet moving to others.
Being a kind person can be seen as a weakness to another. (that tells you something about that person)
It is important to remember that every individual is unique so if you’re feeling anxious about anything on your project talk to the builder. It is the success of the project that is important and that is not defined by someone else’s life path, since they may have different dreams, passions, and skills than you do.
Likewise, there is no blueprint or ideal outcome in life, because everyone’s path is unique. It’s ultimately your values and your standards that drive your decisions – and what makes you the most authentic version of yourself. What you believe in defines who you are.
Everyone is trying to be the best version of themselves but they are all different and that is something that can’t be measured. Finding your mission in life and achieving it is your unique road to happiness. Clients and Builders can’t do that for each other they have to do that for themselves. The builder is there for the project and will move on to another one after.
The role I take in all of this is peace of mind knowing the job was done right. (for the builder and the client) I understand there may have been a few hiccups along the way but all’s well that ends well.
Working up North, over East and Overseas in sub zero and plus 50 temperatures I have a good understanding of the site conditions. An airconditioned office does not provide this.
What I provide is an honest and fair outcome for the project given the circumstances. Project building can’t be judged the same as the million dollar mansions I used to judge. MacDonalds can’t be judged like Michelin 5* restaurants.
Nothing is perfect in building, even the multi million dollar mansions I have judged for the Homes of the year Awards for the HIA.
I have completed and handed over thousands of projects both large Commercial, Industrial, Mining and small residential. This is over a 50 year period winning many Building Industry Awards along the way and lecturing part time at Leederville Tech in the 80’s.
There are other experts with no experience.
So what does it cost, click here
