Dispute Resolution

When a building disagreement hardens into a dispute, many homeowners assume Consumer and Business Services (CBS) is the answer. In practice, the CBS process has both strengths and limitations. Understanding what it can and cannot do helps you decide whether it is the right pathway for your particular dispute.

CBS is not necessarily the answer

While CBS offers a building advisory service for domestic building disputes, its involvement does not guarantee a faster or cheaper outcome. In some matters its framework can entrench positions and enlarge the issues in dispute rather than narrowing them. However, CBS does have statutory powers, including the ability to direct rectification of defective work, and its process is available to homeowners at no cost - which can make it a valuable first step in appropriate cases.

Conciliation is not the same as a binding decision

CBS can facilitate discussion and, in appropriate cases, direct rectification, but it does not replace a tribunal or court determination. Understand what CBS can and cannot do before relying on it.

Consider whether CBS assists at all

The right pathway depends on your contract and the nature of the dispute. Do not assume that engaging CBS is the correct or required first step; in some matters it can add time and cost without advancing resolution. Obtain advice on the most effective process for your circumstances.

Keep the dispute defined

Prepare a chronology, identify the specific unresolved issues and separate technical questions from contractual ones before you engage the process.

Contract steps still apply

Your contract may contain its own dispute-resolution procedure. Read it alongside the statutory pathway.

Questions to ask before signing

What dispute-resolution steps does the contract require? Is negotiation or mediation required first? How are notices given? What is the role of CBS for this project?

The key lesson

Knowing the right pathway for your particular dispute protects your position. CBS is not always that pathway, and treating it as a guaranteed route to resolution can broaden a dispute rather than resolve it.

Before You Sign

This guide provides general educational information for South Australian homeowners. It is not personalised legal advice. The effect of any issue depends on the wording of your own contract, schedules, Special Conditions, plans, specifications and the facts of the project. A good builder and a well-understood contract should work together. Before committing to one of the largest financial transactions you may ever undertake, consider having the actual contract reviewed so you understand the obligations, notice requirements and consequences before they are tested on site.

Before You Build. One Signature. One Chance.