If
you have been there – and you have been burnt
– when you look back you can see how the dispute process
evolved and with all the wisdom of hindsight you can see these
11 Steps to the
disastrous situation you now find yourself in. |
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Step
#1: The builder starts to slow down and problems
begin to emerge. Talk to the builder. Builder makes a promise
to address problem(s!). Fails to do so. Consumer gets angry.
Builder begins to blame something about the job: you, your expectations,
or some small thing like you haven’t chosen a doorknob. |
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Step
#2: The consumer just can’t believe that
this person they trusted, in their house, could not be reasonable,
so you keep onto them. Then they move offsite. |
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| Step
#3: The consumer rings Consumer Affairs –
until recently they didn’t want to hear if the dispute involved
matters over $30000. They now offer to mediate, through the
new Building Dispute Officer – remember he has no power
to enforce agreements. So this probably will be as ineffective
for seasoned disputers as the usual mediation and arbitration
processes is. |
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Step
#4: The consumer complains to MBA/HIA. Sympathy
but no action. |
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Step
#5: The consumer resorts to the contract for
help. Delays incur a minor penalty – never assuming
you’d need that clause. There’s tens of thousands
of dollars at stake. |
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| Step
#6: The consumer realises that their only recourse
is mediation: you want someone to help you with your case, and
that’s a problem. |
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Step
#7: The builder brings out things that were
irrelevant and he had been ferreting away, like a request to
choose a paint colour they made once on the way out the door
that you forgot, and discredit you. |
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Step
#8: The consumer reaches a mediated agreement.
However, the builder fails to honour his commitments. |
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Step
#9: The consumer goes to arbitration. The costs
are significant and you are left with a decision which if not
honoured, you must take it to court. |
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| Step
#10: The consumer must find a lawyer who isn’t
representing your builder – perhaps needing to go out
of your area in order to do so. |
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Step
#11: You get advice that you have a good case
and it will take 2 more years and cost $150,000(?). |
| |
So
you sell up. Alternatively, many consumers come to an understanding
of just how hopeless it all is and don’t pursue the matter.
They pay out enormous amounts of money to get to get the builder
out of their lives. It is a sad scenario, yet its one that repeats
itself over and over and over. |
