Property Dispute Lawyers

Disputes within the building and construction industries are a fact of life. Disputes about payment’s, disputes about contractual terms or about any manner of different issues which are part of a building or construction project. It has become common place for dispute resolution clauses to be a part of the contractual arrangements between two parties, particularly the principal and the contractor. If you need assistance from property dispute lawyers then Becker Watt Lawyers can help.

Within a building contract, a dispute resolution clause will nominate how a dispute is to be resolved between the parties. This gives rise to the possibility that a potential dispute might be resolved prior to it becoming a matter for the Courts to decide. This process is known as Alternate Dispute Resolution or ADR and will ordinarily require property dispute lawyers.

Usually the contract will nominate what form the ADR might take.

So, what are the options and how do they work?

  1. Mediation is a process where the parties come together and with the aid of a third party look to come to an agreed position.
  2. Expert determination, is a process where the parties agree to appoint an expert. The expert will generally have appropriate qualifications in the subject matter that is the basis of the dispute. An expert determination is generally the product of a contractual agreement and does not necessarily mean that the outcome is enforceable by a Court.
  3. Arbitration is a less formal process than Court based litigation, however it is a process that is governed, in Queensland, by the Commercial Arbitration Act2013 (Qld). The legislative basis upon which arbitration is conducted, provides that the result of arbitration is binding upon the parties. The process is generally quicker than Court based litigation. If the parties agree, the basis of the arbitration can be determined by way of the clauses in their contractual agreement. Arbitration can be a cost-effective and efficient way to quickly resolve a dispute.

For more information regarding arbitration and how we can assist in a situation that requires property dispute lawyers, call Becker Watt Lawyers Pty Ltd on (07) 3269 4888.