The amendment proposed for Building Act 2004 will require a development contractor to provide a pre-contract checklist to ask consumers to make relevant questions and search for more information. The checklist also summarizes the option of the settlement of party disputes.
Building contractors will be requested for pre-contracts to provide consumers a summary of the history of previous disputes and each regulatory penalty that arises. Disclosures were limited to disputes and penalties in the previous ten years and that relevant information was in the public arena. You can visit https://stat11.ca/ to know more about dispute resolution.
The requirement for disclosure will therefore include the determination of civil jurisdiction and court summary (then where prosecution continues).
Where the chief executive maintains a notification of violations that can be accessed by the public, violations in the future need to be revealed. It is estimated that the successful defense for private civil claims or regulatory prosecution still needs to be expressed as information in the public arena.
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Requirements for disclosure of the history of building contractor disputes will increase incentives to refer to consumer disputes to the dispute settlement options naturally and secrets and remain outside the public arena.
The building contractor will have the opportunity to identify the preferred dispute settlement process in a written contract for all housing contracts with a threshold of $ 20,000 or more.
The regulation is likely to identify the increasing dispute settlement option that begins with the conciliation/negotiations, followed by private mediation, and adjudication under Part III – 2002 Act construction contract (CCA).
Other dispute settlement options will remain available to be included by the parties in the written contract, including arbitration and expert determination. But think it needs to be given to the relative benefits/cost of this last option where disputes involve a lower amount.
