Question: Our 8-year-old building is showing signs of defects. The builder is insolvent. Are dispute resolution options available?
There are early signs of defects in our 8-year-old building. The builder is insolvent. What are the different dispute resolution options available in case of disputes over building defects, such as mediation, arbitration, or litigation?
Answer: Mechanisms like arbitration or mediation are pretty much dissolved on the basis that the builder is dissolved.
Mechanisms like arbitration or mediation are pretty much dissolved on the basis that the builder is dissolved.
That’s not to say that legal action might not be possible against the entity or the individual. When this occurs, it leaves owners in a very difficult position. I recommend getting some legal advice to unpack if there is any avenue to pursue the entity or the person and if that’s still available.
This post appears in Strata News #712.
Bruce McKenzie Sedgwick E: bruce.mckenzie@au.sedgwick.com P: 1300 735 720