Expert Witness, building disputes, Are you Father Christmas?

We get people call in all the time saying “I have a dispute with my builder I want to go to VCAT”. People think that going to VCAT will solve their problems.

Father Christmas will just write out a cheque and it will be like Disneyland. The reality however is quite sobering. If you fail to resolve your dispute it will become costly and harrowing experience.

If you have heard of a win win outcome then think reverse it’s loose loose. Even if you win, you will loose. This is because VCAT is no cost jurisdiction and hat means you most likely cannot recover your costs. Even if you get monetary award it does not automatically mean that it will be paid. You may need to go to further expense in getting a court order and then enforce it. Enforce you will not if the builder has no money. You will then need to bankrupt him (further expense) to go after home owners insurance(if there is one) and then you will be up against insurers lawyers.

So if you go to VCAT,  you will be Father Christmas

Of course there are situations where there is simply no alternative and going to VCAT must be done. I can help you get the best out of a bad situation.

The best outcome is to prevent dispute by having building expert look after your job. If a dispute develops then have building expert mediate your dispute in attempt to prevent escalation of costs

Your Call

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