With extensive experience in the management and resolution of building and construction disputes, the BDTSA is fast becoming is fast becoming a recognised and respected entity.

The BDTSA provides nationwide services to the building and construction industry as well as members of the general public.
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Carpentry Disputes

Carpentry disputes generally arise out of poor contractual documentation and/or defective work and/or materials.

 

Plans often lack detail and specifications are often general and not project specific. Quotations will often omit (deliberately or accidentally) items of work but not expressly state so or may be presented in the form of estimates for items of work to be undertaken that are inaccurate for the work/materials that are in fact required to be undertaken. Many owners and contractors will request changes/variations to the scope of work and specification as work progresses and no price will be agreed in advance.

 

On the other hand, mistakes and errors are a feature of any carpentry related work and some carpentry contractors fail to have adequate quality assurance processes in place to ensure they achieve the agreed/specified scope of work to the specified standard, and/or to complete their work by the due date for completion.

Technical (in the legal sense) disputes – these are disputes that arise out of non-compliance with the technical requirements for making and responding to payments.

Merit based disputes are disputes about the merits of the parties arguments in terms of the construction contract that governs their relationship.

 

Remember that the contract could be orally or in writing. For obvious reasons a written contract is the first prize as oral contracts are sometime difficult to prove.

Typical merits-based disputes include disputes in relation to:

 

• non-payment for work undertaken;
• contract interpretation – what the parties actually agreed;
• scope of work;
• quality of work;
• quality of materials;
• time for completion;
• estimates vs actual cost;
• variations – whether certain work is in fact a variation to the agreed scope of work and the value of that varied work;
• defective work;
• scope and cost of rectification work;
• repudiation/cancellation of the contract;
• damages for breach of contract.