Tribunal & Court attendances:

Building and construction disputes can resolve through various legal processes, some more formal and technical than others. These are available depending on the circumstances of each building dispute of constriction claim. One avenue of dispute resolution may be more appropriate than another due to cost liabilities, the nature of the claim, the magnitude of the dispute, and whether or not the hostility levels between the parties are conducive to a mutually agreeable negotiated settlement. The avenues of building and construction dispute resolution can include the following:

a)      Negotiation inter partes;

b)      Adjudication;

c)       Alternative Dispute Resolution;

d)      Tribunal proceedings; or

e)      Court Proceedings.

Negotiation inter pertes means negotiating between the parties. This is the simplest way that a matter can be resolved and the least costly of all options. A competent Building and Construction Solicitor will encourage a negotiated solution of any building dispute or potential construction litigation case. The Building and Construction Lawyer will communicate in good faith between the parties, while acting for the interests of his client, only after proper instructions have been obtained and legal advice provided to that client.

The adjudication process is another way that a building and construction case can be resolved. The adjudicator is an independent expert who will consider the claims and counter claims of each party before reaching a final determination. The adjudication process has strict legislative time frames and requirements. Any building and construction industry law firm will be familiar with the adjudication process. If this is the preferred path of dispute resolution, the adjudication solicitor will have to provide the necessary adjudication legal advice before any steps are taken in this direction. For more detailed information about this option, visitors are encouraged to see our “Adjudication” page.

Alternative Dispute Resolution is another popular method of resolving complains and allegations between the parties in building and construction cases. The ADR process can take various forms, such as mediation, arbitration and conciliation. Each of these have their own benefits and draw-backs and the potential litigant will have to be properly advised of his rights and liabilities before deciding to go down this path of construction dispute resolution. More information on this option can be found on our “Alternative Dispute Resolution” section as well as the “Arbitration and Mediation” page.

Tribunal proceedings and Court proceedings in the building and construction industry are far more formalised and technical. Although there will be rules and conventions associated with good faith negotiations, alternative dispute resolution procedures and adjudication, it is in Tribunal and Court proceedings that a potential litigant will most benefit from professional legal advice. The building and construction industry litigator will be in the best position to provide the guidance needed for a litigant to:

(a)    Prepare and draft a Statement of Claim or Summons which accurately outlines the claim that is being made in the building and construction industry;

(b)   Prepare the Evidence in support of any allegations made by a plaintiff involved in a building dispute;

(c)    Prepare and draft any defence to any claim being made against a defendant in a construction claim; and

(d)   Prepare the necessary evidence for a comprehensive defence against any claims and allegations made against a defendant.

The services that the litigator in the building and construction industry will be able to offer will be invaluable to a party to a Tribunal or Court dispute. Tribunals and Courts will have their own specific rules, regulations, case management procedures, and customs according to which various claims are processed. The building and construction claim will need to adhere to these as it is heard in the forum in which the claim was filed. The Navado building and construction claims team is uniquely placed to advise litigants in these disputes due to its integrated litigation databases which allow its litigation lawyers to share legal resources across practice areas.

If you require assistance in relation to attendance at a Tribunal or Court, you may wish to contact our firm by telephone on (02) 9233 4048 or send an email and make an appointment to see one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.