I am building a new house and I am unable to resolve an issue with the builder, Multiple visits and phone conversations

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Customer: I am building a new house and I am unable to resolve an issue with the builder
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Multiple visits and phone conversations with the builder. Emails to the construction team.
JA: Where is the house located?
Customer: Melbourne, Victoria
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I want to know what my position is on the matter and is there any strength in my case before I move forward.
Answered by John Melis in 35 mins 2 years ago
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John Melis
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John Melis
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your matter with the builder, and where you cannot resolve the issue, you can attempt to mediate this through utilising lawyers to help communicate with the builder. If this doesn't work, or you choose not to utilise lawyer at this time, you can raise a proceeding in the Victorian civil administrative tribunal to try and resolve this particular issue.

The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The VCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The alternative to this is filing an application in the local court, in which case you will be able to recover your legal fees as well in pursuit of the debt amount.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further.

https://www.vcat.vic.gov.au

You may also consider the option of using the small business commissioner as well.

https://www.vsbc.vic.gov.au/about-vsbc/about-us-and-what-we-do/

Would you like to consider this option ?

You have a legal right to protect your interests in this important situation.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
Peaceful resolution of the issue with least expense to me
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John Melis, Expert

I kindly request that you please scroll up. I have posted a reply for you that explains your options, if you cannot see the response, I request that you refresh your screen, and where it does not show please let me know and I will repost it for you. I am here to assist you when you need.

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