How to Settle a Contract Dispute

Property Dispute Lawyers

Disputes within the building and construction industries are a fact of life. Disputes about payment, disputes about contractual terms or about any manner of different issues are often a 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 we can help.

Within a building contract a dispute resolution clause will nominate how a dispute is to be resolved between the parties. That is how a potential dispute might be resolved prior to it potentially becoming a matter for the Courts to resolve. This process, prior to a Court action is known as Alternate Dispute Resolution or ADR and will usually require property dispute lawyers.

Usually, the contract will nominate what form the ADR might take. However there are generally three options:

  1. Mediation
  2. Expert determination
  3. Arbitration

 

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

Mediation is a process where the parties come together and with the aid of a third party they look to come to an agreed position. An 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.

Arbitration is a less formal process than a Court based litigation, however it is a process that is governed in Queensland by the Commercial Arbitration Act2013 (Qld). This legislative basis upon which an arbitration is done, provides that the result of an arbitration is binding upon the parties. The process is however a lot quicker than a Court based litigation and if the parties agree, then the basis of the arbitration can be something that the parties determine by way of the clauses that they put into their contractual agreement.

Arbitration can be a cost-effective way to quickly resolve a dispute.

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

 

Contact us for Contract reviews, negotiations and disputes

If you are entering into a commercial or residential contract agreement, it’s best to have a lawyer review your contract before you sign in. As trusted contract lawyers, it’s our job to ensure that the contract works in your favour.

We have comprehensive experience in drafting, negotiating and providing advice on the following:

Contract Disputes

Contract disputes arise when there is a breach of the stated or implied terms previously agreed on by both parties at the time the contract was entered into.

People and organizations can be severely harmed by a violation of contract. Our team of specialised contract dispute lawyers in Brisbane can give skilled legal assistance to ensure your rights are protected, whether you are the plaintiff or the defendant in a contract dispute.

Why choose us?