If you are successful, the Tribunal and Building Commissioner have expansive powers under the HBC Act and the Act, which include: orders for payment of money, return of money, restraining the conduct giving rise to a breach of a home building works contract, amongst others.

A knowledgeable and experienced building and construction lawyer will give you advice in relation to the orders that the Tribunal or Building Commissioner may grant and the evidence and arguments needed to convince the Tribunal and Building Commissioner that it is appropriate to grant the relief sought.

There are many different forums available to resolve a dispute which may give rise to a HBWC Complaint. The considerations as to whether to proceed in the Building Commission, Court or Arbitration are multifaceted.

A knowledgeable building and construction lawyer should be engaged to assist you to identify the appropriate forum to bring your dispute in having regard to your desired outcomes and objectives.

You should consider bringing a HBWC Complaint in the event of a dispute of the type referred to above arises and you are the party to a home building works contract, being a contract for the performance of home building works for a price between $7,500.00 and $500,000.00.

A building and construction lawyer should be engaged to identify when/if a HBWC Complaint can be brought, the evidence you will require to succeed in your application and the prospects of success of the application.

Although the State Administrative Tribunal and Building Commission employ relatively informal processes and procedures to assist parties to resolve their dispute, both are required to apply the relevant law to the applicable facts and evidence in resolving their dispute.

The above involves questions of law and fact. An experienced and knowledgeable building and construction lawyer will present your arguments to the decision maker, using applicable case law and assist you to collate your evidence to maximise the prospects of success in the Tribunal or Commission.

A building and construction lawyer will prepare the necessary documents and collate evidence in the form of reports from relevant experts and the like in order to present your case and explain to the Tribunal or the Building Commissioner why it should award you the relief that you seek.

Your case may require expert evidence to establish the basis for your relief.

For example, you may seek orders for the payment of the amount of the difference in the contract price under your current home building works contract and the cost to complete the relevant works under a new home building works contract, or, with an alternative builder, in which case, you may require the services of a quantity surveyor or estimator.