In New South Wales, there are different forums to have building disputes and claims addressed.
The NSW Civil and Administrative Tribunal handles building disputes particularly residential building work claims. There are numerous claims prosecuted and defended in the Tribunal between homeowners, builders and contractors.
The Local Court of NSW, District Court of NSW and Supreme Court of NSW also handle building disputes. The amount of the claim is relevant as to which court a building claim may be pursued in. The Local Court of NSW deals with smaller claims, and the Supreme Court of NSW and District Court of NSW deal with larger claims. The NSW Court of Appeal deals with appeals from the lower courts.
There is also a process for adjudication of some types of payment disputes through the Building and Construction Industry Security of Payment Act 1999 (NSW). This process involves an independent adjudicator making a determination of a payment claim.
It is important to obtain legal advice regarding the appropriate forum to pursue a building claim. For an obligation free discussion please contact us on 1800 180 500 or emailreception@mcauleylawyers.com.au
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