Brian Seidler, Executive Director of the Master Builders Association (MBA) of NSW gave Rebecca some good advice on how to avoid getting into a building dispute. Rebecca also spoke to Bill Taylor, an independent building consultant who has seen his fair share of disputes.

The steps to finding a good tradesman in your area

• Tradesman can be found through the Yellow Pages or advertisements in your local paper. However Brian recommends speaking to family and friends, as word of mouth can be invaluable particularly when their standards are similar to yours. If they have had a good experience chances are you will too. Another way to source a tradesman is to contact the MBA who have a referral system which locates the relevant tradespeople by postcode and provides a list of five recommendations for your area.


• When you are considering a tradesman you should make sure he/she is appropriately licensed. You need to make sure they have the right qualifications to complete the job. As Brian points out, a carpenter is not necessarily a builder or a roof tiler.


• Brian says it is important to see the tradesman's certificates of insurance. They should have workers compensation, public liability and, for any contract worth more than $5000, home warranty insurance.


• The Department of Fair Trading/Department of Consumer Affairs will be able to tell you if the tradesman has a history of complaints. Brian says you should always ask the tradesman for references which you can follow up by calling or visiting previous clients to see if they're happy with the job.


• Quotes are another way of sorting through the tradespeople to find the one you want. Brian recommends the cheapest quote is not always the best and you should be suspicious of a quote that is much lower than others.

Many disputes occur because of a breakdown in communication between the client and the builder. To avoid that, it is important to draw up a contract that outlines exactly what both parties want, in terms both parties understand. If the building specifications change while the job is in progress they should be outlined in writing and acknowledged formally by each party. It is a good idea to stipulate in the contract what payments are required at certain stages of construction

Another way to avoid the breakdown in communication is to visit the site regularly to monitor the progress of the job. Regular contact will keep the lines of communication open. Brian says you should never be afraid to ask the tradesman a question and if you are not satisfied with what he or she tells you, you should consult a professional.

Although you might try your hardest to avoid or prevent a dispute, it is not always possible. In serious cases of trying to resolve a dispute, Bill Taylor is called in. As an independent building consultant he has seen a range of disputes from leaks in bathrooms to cracks in brickwork. Bill says the best way to deal with disputes is to prevent them from happening.

Bill outlines the steps to resolving a dispute:
1 If the client has a problem, the first thing to do is approach the tradesman. If need be, a letter should be sent to explain what the problem is.
2 A contract will provide for either mediation or expert determination if the tradesman doesn't agree with the client.
3 If that doesn't work, the next option is to go to the fair trading tribunal, which is fairly similar to a court situation. Bill points out that this can be expensive especially when the dispute is over a small job.

To contact the Master Builders Association of NSW for the 'Dial A Master Builder' Referral Service:

E-mail: enquiries@mbansw.asn.au
PH: 02 8586 3555
FX: 02 9660 3700

Master Builders Association Offices throughout Australia:

Master Builders Association NSW Regional Office — Ballina
PH: 02 6681 4266

Master Builders Australia Inc.
Turner ACT
PH: 02 6249 1433

Master Builders Association of the ACT
PH: 02 6247 2099

Master Builders Association of South Australia
PH: 08 8211 7466

Master Builders Association of Tasmania
PH: 03 6234 3810

Master Builders Association of Victoria
PH: 03 9411 4555

Master Builders Association of Western Australia
PH: 08 9322 5133

Queensland Master Builders Association
PH: 07 3404 6444

Territory Construction Association
PH: 08 8981 9666

Contacts for Fair Trading Offices throughout Australia:

NSW
Department of Fair Trading
PH: 02 9895 0111

ACT
Consumer Affairs Bureau
PH: 02 6207 0400

VICTORIA
Office of Fair Trading and Business Affairs
PH: 03 9627 6000 / 1800 136 716

QUEENSLAND
Office of Consumer Affairs
PH: 07 3246 1500

SOUTH AUSTRALIA
Office of Consumer and Business Affairs
PH: 08 8226 8444 / 08 8204 9599

WESTERN AUSTRALIA
Ministry of Fair Trading
PH: 08 9222 0666

TASMANIA
Office of Consumer Affairs
PH: 03 6233 4567 / 1800 005 220

NORTHERN TERRITORY
Office of Consumer Affairs and Fair Trading
PH: 08 8999 5184 / 008 019 319 (from NT only)