Resolving building and construction commercial disputes promptly and effectively

In Victoria, building and construction small businesses can find themselves in commercial disputes but might not be clear on where to turn for a quick and effective resolution. The Victorian Small Business Commission (VSBC) is that point of contact — an independent government agency that can help small businesses in building and construction to resolve a broad range of commercial or contractual disputes.

This includes situations where:

• other businesses are trying to charge more than agreed, not showing up when scheduled, carrying out defective work and running into payment disputes because of incomplete or defective works

• supplies are being ordered but the materials aren’t being delivered or arriving damaged.

Generally, both parties to the dispute will be businesses but only one of the parties needs to be a small business. “Small business” is not defined and the VSBC takes a common sense approach to who they help. Where a small business is in a dispute, the VSBC recommends they try to resolve it directly with the other party by following their tips at www. vsbc.vic.gov.au/dispute-resolution/tipsto-help-you-resolve-a-dispute-beforemediation. If discussions don’t work out, the small business can apply online for the VSBC’s impartial help at www.vsbc. vic.gov.au/application-forms.

Of all disputes that come to the VSBC, more than a third are resolved early on, often by the VSBC’s specialised dispute resolution officers providing free help over the phone. If the matter can’t be resolved this way, the VSBC can arrange an online mediation session for the low cost of $195 per party. This is where