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Building Commission and State Administrative Tribunal Disputes
index.php?option=com_content&view=article&id=77The Building Commissioner is given jurisdiction under the Building Services (Complaints Resolution and Administration) Act 2011 (WA) (Act) to deal with complaints relating to:
- A regulated building service, relevantly including home building work carried out by a builder that has not been carried out in a proper and proficient manner: Section 5(1) of the Act (Building Services Complaint).
- A complaint regarding a breach of a home building works contract (a contract for the performance of home building work between $500,000.00 and $7,500.00) (HBWC Complaint).
A Building Services Complaint may be commenced in the Building Commission within:
- 6-years from the date of the relevant works reaching practical completion; or,
- if the works are not practically complete, 6-years from the date of the relevant works being carried out.
A HBWC Complaint must be commenced within 3-years of the date of the alleged breach of the contract occurring.
A HBWC Complaint must be commenced within 3-years of the date of the alleged breach of the contract occurring.
To read more about Building Services Complaints, click here. To read more about HBWC Complaints, click here.
Vogt Legal, as experienced construction lawyers, routinely provide advice with respect to Building Commission Complaints, including:
- advice on the effect and impact of the relevant terms of the standard form Housing Industry Association and Master Builders Association home building works contracts.
- advising on the relief which should be sought from the Building Commissioner in the Building Services and/or HBWC Complaint.
- advising on the evidence required to successfully:
- make out your Building Services and HBWC Complaint.
- defend a Building Services and HBWC Complaint which has been brought against you.
- preparing your application to the Building Commissioner.
- representing you at all stages in the Building Commission proceedings and, if applicable, in the State Administrative Tribunal.
If you are thinking about commencing a claim in the Building Commission, please contact our experienced and knowledgeable building and construction lawyers to arrange a free initial telephone conversation.
Frequently Asked Questions
Yes, our knowledgeable building and construction lawyers have considerable experience acting for builders and homeowners in all manner of complaints before the Building Commission.
The Building Commission and the State Administrative Tribunal may provide a relatively informal forum for parties to resolve their disputes, however both the State Administrative Tribunal and the Building Commission are still required to resolve those disputes applying the relevant law and evidence.
An experienced building and construction lawyer can assist you to identify the relevant precedent cases that support your arguments, prepare arguments in opposition to the arguments raised by your counterparty, collate and prepare the evidence needed to establish your entitlement to the relief you seek.
Not engaging a building and construction lawyer at an early stage may leave you at a serious disadvantage when presenting your case or defence to the Building Commission and/or State Administrative Tribunal.
Our experienced building and construction lawyers assist with the preparation of the documents, arguments and submissions to persuade the decision maker to grant you the relief you claim. Additionally, we assist with the briefing of any expert to obtain the evidence you need to establish to the decision maker that you should be awarded the relief you claim.
Our experienced building and construction lawyers have rapport and familiarity with reputable and experienced building inspectors, quantity surveyors, engineers and material scientists to prepare expert evidence and reports the decision maker will need to consider your claim or defence.
Our experienced building and construction lawyers promote mediation and alternative dispute resolution at an early stage so as to maximise the prospects of a mediated outcome with which both parties are satisfied before legal costs, and other expenses drive a wedge between you and your opponent from settling with one another.
That said, if you are not able to reach a mediated outcome with your counterparty, our building and construction lawyers have considerable experience appearing for and representing you at final hearings and any trials that must occur.
We refer you to our disclaimer located at the bottom of the website.
For further information, read some of our articles.
Talk to us today for a FREE initial telephone consultation.
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Located in Northbridge, just 5 minutes from the CBD.
Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003
Contact us today for a FREE initial telephone consultation.
