As per attached Assessment Task
ASSESSMENT TASK Australian BUSINESS & BUILDING DISPUTES Refer to Material attachments A short introduction for each question and then list answer in point form. Provide copies of the documentation that would be used for each question. 1. Procedures that are in place to avoid Building disputes in Australia 2. Dean is a carpenter who installed cabinets in the kitchen of a residential home. Dean has submitted a claim for payment under his subcontract to the builder but has not received payment within the 10 days required under his agreement. • In point form prepare a procedure to resolve this dispute with the Client • Provide a brief description of the dispute and how and why it occurred 3. Adrian subcontracted to a local builder (Principal Contractor) to install a new roof on a residential house in Brisbane, QLD . After the contract was completed, the builder notified Adrian of a water leak in the lounge area of the house. Adrian has inspected the work and does not believe he is responsible for the roof leak. • In point form prepare a procedure to resolve this dispute with the Client • Provide a brief description of the dispute and how and why it occurred 4. In point form provide a step by step process if a building dispute in Australia cannot be resolved and the issue ends up in a tribunal or hearing. 5. In point form provide a procedure to monitor and evaluate the procedures on a regular basis. Handling customer complaints Dealing with a complaint is never easy, but if viewed positively, it can be seen as a way to avoid a repeat of the problem. It’s never a good idea to ignore the complaint. You'll quickly reach a resolution if you try and understand the customer's point of view. Don’t be afraid of complaints. For each customer whose complaint you handle well, most will remain loyal and recommend you to other potential customers. Tips to avoid complaints ▪ record complaints – even if they are verbal ▪ act promptly ▪ do what you say you’re going to do ▪ don’t make unrealistic promises. Guide to resolving complaints 1. Deal with the complaint immediately. Get to the heart of the matter quickly, and you’re more likely to satisfy the customer. Ignoring it will not solve the problem. 2. Stay calm. The customer must be dissatisfied for some reason, even if you think they are wrong. The matter will only get worse if you respond aggressively. 3. Identify the problem. Listen to what the customer says and make sure you understand. Ask what they expect you to do, and write it down in as much detail as possible. 4. Decide what can be done. Even if you believe the complaint is unjustified, it may be worthwhile trying to make the customer happy to keep their business. All it may require is a simple explanation. Sometimes it is worth ‘walking the extra mile’, and doing more than you feel you need to, or are obliged to, for the customer. 5. Arrange a second opinion to confirm your view. In some instances this second opinion may show up things you hadn’t noticed. 6. Keep records. Writing everything down reduces the chance of misunderstanding. Many contractual disputes arise because nothing is in writing, or the details are ambiguous. 7. Fix the problem. Tell the customer what solution you can offer and make sure they understand. If they accept the solution, act straight away and resolve the matter quickly and efficiently. Our role in complaints Once a homeowner or a body corporate lodges a defective work complaint, we may provide a dispute resolution service between licensees and homeowners. We also offer an Early Dispute Resolution (EDR) service if you are still under contract. https://www.qbcc.qld.gov.au/defective-work-disputes/complaints-your-contract-has-been-completed https://www.qbcc.qld.gov.au/defective-work-disputes/complaints-your-contract-has-been-completed Process after complaint made to QBCC - 1. Application – If you have submitted your complaint online, you'll receive an automatic email response which provides your unique case number. You can refer to this if you need to contact us. 2. Assessment – A QBCC Resolution Services officer will assess your submission and contact you and the contractor to discuss the complaint and obtain further information or documents if required. 3. Access – You will be asked to give access to the contractor to inspect and assess the items. Choosing not to give access will have a big impact on how we can help you. We will not be able to direct the contractor to fix any defective items. This can also impact your ability to make a claim under the Queensland Home Warranty Scheme. 4. Owner and contractor meet to resolve items – You meet the contractor on site to review each item and decide a plan for the repair of any agreed items. 5. Repairs – The contractor carries out all agreed repairs. 6. Inspection – When conducting an inspection, the QBCC Building Inspector will carry out a visual inspection only. This will involve visually observing each complaint item. Invasive investigations are not undertaken by the QBCC to determine the cause of an alleged defect. Examples of invasive investigations include cutting a hole in a wall to look at damage behind the wall. The inspection is also not intended to be a complete inspection of the whole building or dwelling.If there are any defective workitems which cannot be resolved, a QBCC Building Inspector is assigned to the case and will contact you and the contractor to attempt to facilitate an outcome. If this is unsuccessful, the QBCC Building Inspector may undertake a site inspection. 7. Resolution – Following a site inspection, we may issue a Direction to Rectify to the contractor, and any relevant subcontractors, to rectify defective building work. In most cases, this requires a 28-day minimum rectification period. We have no power to issue a direction for items that are not defective building work, please see Complaints about your contract. In the case where a contractor fails to comply with a direction, they can receive a fine or be prosecuted. The case may then be assessed for a possible claim under the Queensland Home Warranty Scheme (applies to work covered by the Scheme). If a claim is approved, we will recover the cost from the contractor. Assistance under Queensland Home Warranty Scheme Should your complaint involve residential construction work and is not able to be satisfactorily resolved through QBCC’s dispute resolution process, your application will be assessed as to whether you may be eligible for assistance under the Queensland Home Warranty Scheme. You are not required to lodge a separate form for this to occur. If a claim is approved, we will recover the cost from the contractor. Please note the following strict time limits apply for some claims: ▪ For structural defects you must apply within 3 months of noticing the defect ▪ For non-structural defects you must apply within 7 months of the completion date. https://www.qbcc.qld.gov.au/defective-work-disputes/defective-work https://www.qbcc.qld.gov.au/defective-work-disputes/defective-work https://www.qbcc.qld.gov.au/download-free-national-construction-code RESOLVING DISPUTES AVOIDING THE DISPUTE Avoiding a dispute needs you to focus on communication as the basis for identifying, and avoiding conflict. Poor communication is a major source of conflict so give this serious attention before you start the project work. Ask yourself: ▪ Who needs to know? ▪ What do they need to know? ▪ How much do they need to know? ▪ How often must they be informed? Establish distribution list(s) as appropriate but avoid generating large volumes of paper. Decide the ground rules you will impose on everyone to get prompt feed back to the prevailing situation with the work in progress. Effective monitoring and tracking of the project is dependent on good communication in the team, between you and the team and your key stakeholders. You need prompt feedback about: ▪ Current progress of the active tasks. ▪ Problems encountered with the work. ▪ Problems anticipated with work waiting to be done. ▪ Technical difficulties being encountered. When a conflict arises it need not be a negative. Conflict can be positive – Consider the ideas set out on the following pages. CONFLICT Source: Construction Management Induction Program – Module 1 Interpersonal Communicating Skills for Construction Managers. Extract from Topic Managing Conflict. –Construction Property Services Industry Skills Council (CPSISC) WELL Program – in Association with BMA Consulting. Every relationship that we have contains an element of conflict. Conflict can occur whenever the actions of one person or group frustrate, or are perceived to frustrate, the actions or goal achievement of another. The main causes of conflict include: ▪ Misunderstandings - especially concerning messages, roles, responsibilities and tasks. ▪ Personality clashes. ▪ Differences in goals. ▪ Sub-standard performances or quality. ▪ Differences over methods to be used. ▪ Problems relating to areas of responsibility. ▪ Lack of cooperation. ▪ Problems relating to areas of authority. ▪ Individual differences. ▪ Competition for limited resources. ▪ Non-compliance with rules and policies. ▪ Competing schedules. ▪ Pressing deadlines and project management concerns. Today it is generally thought that it is not so much conflict that breaks down effective working relationships, but the destructive nature of some conflict and the inability to effectively manage it. Distinguishing between the destructive or constructive nature of conflict is important. Conflict in itself is healthy and can generate change and creativity. Conflict can be positive when it: ▪ Helps to open up discussion of an issue. ▪ Results in problems being solved. ▪ Increases the level of individual involvement and interest in an issue. ▪ Improves communication between people. ▪ Releases emotions that have been stored up. ▪ Helps people to develop their abilities. ▪ Continues to surface without resolution. Conflict can be negative when it: ▪ Diverts people from dealing with the really important issues. ▪ Creates feelings of