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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Kitchen & Cupboard Disputes

Generally kitchen and cupboard disputes arise out of poor contractual documentation and/or defective work and/or materials.

 

Expectations are always high, often unrealistic and seldom well communicated, plans often lack critical detail and specifications are often general and not project specific. Cupboard design, drawers, counter tops – even the height of counter tops has been issues in the past. Type of basin and the taps must also be considered.

 

Quotations will often omit (deliberately or accidentally) items of work not expressly stated for the work/materials that are in fact required to be undertaken/supplied.

 

Owners will generally build to the very limit of their financing capacity with no contingency plans, and in many cases, they will request changes to the scope of work and specification as work progresses, without first obtaining a price or having any understanding of the cost and time consequences of their instructions.

 

It is not difficult to understand why disputes are a common and natural consequence of such an environment. Our experience over nearly 30 years informs us that there are five primary causes of disputes in relation to construction contracts:

 

• Contract interpretation
• Variations
• Valuation
• Delay
• Defective Work

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.