Fair Trading (Building and Construction Industry Dispute Resolution Code) Regulation 2017
The Code provides a mechanism for subcontractors and suppliers in the building and construction industry.
The Code sets out a series of steps or actions that can be taken by the Office of the South Australian Small Business Commissioner (SASBC) to help bring parties in dispute together, with the intention of assisting them and resolving the dispute in a timely and mutually beneficial manner.
Disputes can include:
- payment disputes
- re-negotiation of building contracts
- building work completed incorrectly
- non-payment of account eg. delivery of timber, bricks, paint etc
- good supplied not to the standard or quality ordered
The Code also deals with business related disputes between participants in the building and construction industry and local and state government.
The code helps participants in the industry by providing mandatory alternative dispute resolution process on a no or low cost basis overseen by the Small Business Commissioner.
Breaches of the code can attract:
- a civil expiation fee of $4,000 for a corporation and $500 for a natural person
- SASBC may take court action to obtain a civil penalty of up to $50,000 for a corporation or $10,000 for a natural person.
To view the Fair Trading (Building and Construction Industry Dispute Resolution Code) Regulation 2017 click here.