Terminology

Click on the letters below to quickly find the term you're searching for:

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

A

Adjudication

Is Legislation adopted by state governments in NSW, Victoria, Queensland and WA which ensures regular and prompt payment for work done under contracts in the construction industry. Under this legislation a claimant who has provided work, goods or services can force the respondent to make payment on account.

Arbitration

Is a formal dispute resolution process in which two or more parties refer their dispute to an independent third person (the arbitrator) for determination. The decision of the arbitrator is enforceable in the same way as a court judgement.

Back to top

C

Conciliation

Is a process where parties in a dispute with the help of a neutral third party (the conciliator), identify the issues in dispute, develop opinions, consider other avenues and try and reach an agreement. The conciliators decisions are not binding as he or she has an advisory role.

Contract

A contract is a legally binding agreement between two or more persons. It can be oral or written but it must contain the following three elements:

1. An offer- offer to pay a price or offer to give something or do something

2. An acceptance-the acceptance may be in words or action

3. Consideration- this is value (usually money) that are given in return for goods or services.

Consumer, Trader & Tenancy Tribunal

The CTTT is a dispute resolution forum which resolves disputes between tenants, landlords, traders and consumer in a timely and effective manner.

Back to top

D

Defect

When something is defective it is substandard or inadequate work and it does not comply with the Building Code of Australia and various Australia standards. Examples of defective works include cracks in buildings, deteriorated brick walls, roof construction etc.

Back to top

L

Letter of demand

The Letter of Demand is generally the first step to getting your money; it is a letter telling the other party of the dispute and the money that is outstanding. The letter gives the other party a defined period within which to settle the matter of face legal action.

Back to top

M

Mediation

Is a confidential conference where all the participants attend to resolve the dispute between them. The negotiation is non-binding but it has a proven success rate.

Back to top

N

Negotiation

Negotiation is a procedure through which a solution to a problem is developed and through which disputes are managed.

Non-completion

When the work is started but no completed.

Back to top

P

Progress payment

A progress payment is a payment for part performance for work already done.

Back to top

R

Rectification Order

A rectification order may be issued by the Building Inspector if the parties are unable to agree on a resolution and defective or incomplete work exists, it this is so the Building inspector can issue the rectification order requiring the trader to carry out certain work.

Back to top

S

Statutory warranties

The substance of the warranty is that the work is to be performed in a proper and workmanlike manner and in accordance with the plans and details set out in the contract. The statutory warranties apply to all residential building work.

Back to top

Our expert team can provide you with more information and assistance in a building and construction related matter. Complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.