What is a Notice of Dispute?
Getting or giving out a notice of dispute is something to take seriously. You probably wouldn’t want an arising dispute to escalate into something bigger. So get to know the proper steps to take in the early stages of a building dispute.
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What is a Notice of Dispute?
A notice of dispute is a written document sent by one party to another when a dispute arises. As the name implies, it notifies the other party of the matter and the details regarding the dispute. This is usually done in the early stages of the dispute.
What should a Notice of Dispute contain?
A notice of dispute contains the details of the disputed matter including documents that may support the claim. Just like the usual letter, it also contains contact information of the sender such as the name, address, email, and contact number. In addition, legal documents or attachments advised by your lawyer can be included to make sure as proof of the agreement being breached.
Why is issuing a Notice of Dispute important?
Informing the other party about a dispute lets them know where they went wrong. It gives attention not just to the matter but to the contractual obligation of the other party. It notifies them that something with their work isn’t right and that it had to be resolved before it escalates into a bigger case.
On the other hand, if you are a builder or contractor and there are unforeseeable events that have prevented you from starting on time, a notice called Notice of Delay can be sent out to the other party. Just like the dispute notice, this can prevent the situation from escalating into a bigger one by informing them of the matter.
In other words, giving out notices practises communication between parties which are very important in any building project. Poor communication with each other could lead to serious conflicts.
Who can help with Notice of Dispute?
Legal matters are best handled under solicitor instruction. A building lawyer can guarantee assistance in writing a Notice of Dispute as well as giving expert advice to deal with your dispute.
How can a Building Lawyer help with Notice of Dispute?
Building lawyers can help you draft your notice and make sure that every information that needs to be included are written. Agreements in your contract must be reviewed well and all documents related to the situation must be considered. It is also important to consider to communicate the situation well to make sure that the other party won’t miss anything about the occurring dispute.
In every situation where rights, time, money, and effort are at stake, always get an expert involved. Before deciding to send a Notice of Dispute to the other party, make sure to consult with your building lawyer first to properly assess the situation. Taking the right steps and the right legal advice can very much prevent you from getting into more trouble.
As much as this is usually done during the formation of the building contract, your building lawyer can help you review or revisit your contract and check the agreement that was breached or wasn’t done well by the other party. As mentioned previously, facts from the contract are just as important and must be considered.
Contracts Specialist is a law firm based in Sydney specialising in building and construction. We can help you draft your Notice of Dispute and advise you on the proper steps to take to better handle your legal situation. So if you think you’re stuck in a dispute, make sure you get the right legal advice.
Our principal lawyer, John Dela Cruz, deals with all sorts of construction-related matters including Building Disputes, Construction Contracts, Security of Payments, and Debt Recovery. With his extensive knowledge and experience, you can be confident that you are in good hands. So don’t waste time any longer and call Contracts Specialist now.