DISPUTE RESOLUTION
While most pool and spa construction projects are completed without issues, disputes can still arise between consumers and service providers, either during the project or after its completion. These disagreements can stem from a variety of factors, such as misunderstandings, quality concerns, delays, or contractual issues.
Ineffective dispute resolution methods can have far-reaching consequences. To mitigate these risks, it is essential to have clear understanding of the process to allow for fair and efficient resolution of disputes.
Each region or jurisdiction has its own set of regulations and procedures for handling complaints and disputes, and these must be carefully considered during the resolution process. Local laws, industry standards, and consumer protection regulations may vary, so it's important to ensure that the dispute resolution process aligns with the applicable legal framework for the specific region.
The Swimming Pool & Spa Association (SPASA) advocates for the swift resolution of disputes, ensuring that issues are addressed in a timely and fair manner. Early resolution allows all involved to focus on moving forward and can help prevent the issue from manifesting into a larger, more complex problem that may require legal intervention or cause long-term disruption. The longer a dispute remains unresolved, the more complicated it can become, potentially affecting project timelines, increasing costs, and damaging relationships between parties.
The Swimming Pool & Spa Association (SPASA) Dispute Resolution Guidelines (Guidelines) are designed to guide how disputes between consumers and builders, contractors, or service providers in the swimming pool and spa industry should be resolved.
SPASA has developed the following guidelines for dispute resolution:
Communication is Key
Before resorting to formal dispute resolution processes—whether under the contract, statutory provisions, or through regulators and government agencies—both parties should attempt to resolve the issue through direct communication.
Payments should be up to date
Payment must be made for all work completed. A dispute should not be used as a reason to withhold or set off payment. Doing so could result in a breach of your agreement or contract. Be sure to review your agreement or contract carefully to avoid any potential breaches.
Consumers should seek to understand the project scope, contractual expectations for budget and timeline, and review all terms are outlined in their contract.
By staying proactive and involved, addressing issues early, and ensuring transparency throughout the project, consumers can effectively better understand and manage the contract to avoid potential disputes from arising.
From the beginning:
Keep all written records of events. This includes emails, notes and other correspondence of when you informed the other party of the problem, the date and time, the person you spoke with and what was said or agreed
Keep a copy of any documents in chronological order and in one place for ease of access
Take photographs or a video if you feel this may assist you with your complaint
Speak to the contracted party immediately:
Once you discover or are notified of a problem, you should immediately inform the contracted party, either in person or with a phone call and/or email.
Make sure you sufficiently are able to:
Explain the problem or concern
When it developed or when you first noticed it
Ask what action they are likely to take
Ask what the time frame will be for them to inspect and/or rectify the problem
Write an email:
Write directly to the other Party and plainly state:
What the problem is with the product, service or the construction
When it first occurred, or was noticed
Who have you informed to have the problem resolved (phone calls, emails or visits)
What you believe are your rights and expectations under the Contract or Agreement
What you believe needs to be done to resolve the complaint or concern
Request a time frame for a response and how they are likely to fix the problem/s
Letter writing basics:
Keep the letter or email short
Deal only with the facts
Leave the emotion out of your letter
Attach a copy of any relevant documents or photos you send or receive
1. Accessing the Statutory Process
If direct communication has not resolved the issue, either party should be able to initiate a formal complaints process with the regulatory or relevant government agency in their region.
2. Responsibility to Provide Evidence
The party making the complaint must provide clear, credible evidence to support its validity. This may include documents, photos, videos, correspondence, expert reports, or other relevant materials. Complaints lacking sufficient evidence or a solid technical basis may be dismissed, so it’s essential to ensure all claims are well-supported by verifiable evidence, and not opinions.
3. Inspection and Rectification Notices
Once the formal complaints process begins, the relevant regulator or government agency will inform the parties about the steps for hearing the complaint. Typically, the agency will first attempt to resolve the issue by contacting all involved parties before deciding on the next steps. This may involve requesting additional information, seeking clarification, or presenting further evidence. In some cases, a site visit may be required, depending on the procedures of the regulator or government agency involved.
4. Dispute Resolution via Court or Tribunal
Each region or jurisdiction has its own designated tribunal or court system to handle formal complaints, especially those relating to construction, building work, and disputes within the pool and spa industry. These regional processes are designed to address specific legal and regulatory frameworks, ensuring that disputes are resolved according to local laws, industry standards, and consumer protection regulations.
5. Court or Tribunal Requirements
If mediation or negotiation fails, you may need to escalate the issue to a tribunal or court.
Before proceeding, ensure you have a written description of the dispute, including the parties involved and any prior resolution attempts. Gather relevant contracts, agreements, and related communications, as well as evidence of the work or service in dispute, such as invoices, photos, or expert assessments. You should also provide proof of any informal dispute resolution efforts, like mediation or negotiation. Clearly state the desired outcome and the legal grounds for your claim, supported by evidence such as photos, videos, or third-party statements.
6. Key Contacts
Tribunals
Australia
Regions
NSW - New South Wales Civil and Administrative Tribunal (NCAT)
VIC - Victorian Civil and Administrative Tribunal (VCAT)
QLD - Queensland Civil and Administrative Tribunal (QCAT).
SA - South Australian Civil and Administrative Tribunal (SACAT)
WA - State Administrative Tribunal (SAT)
TAS - Tasmanian Civil and Administrative Tribunal (TASCAT)
NT - Northern Territory Civil and Administrative Tribunal (NTCAT)
ACT - ACT Civil & Administrative Tribunal (ACAT)
New Zealand
NZ - Ministry of Justice
Building Regulators
Australia
Regions
NSW - NSW Building Commission
VIC - Victorian Building Authority (VBA)
QLD - Queensland Building and Construction Commission (QBCC)
SA - Consumer and Business Services (CBS)
WA - Building and Energy (DEMIRS)
TAS - Building Standards and Occupational Licensing
NT - Building Practitioners Board
ACT - ACT Government Planning
New Zealand
NZ - Ministry of Business, Innovation and Employment (MBIE)
Consumer Agencies
Australia
AUSTRALIA - Australian Competition and Consumer Commission (ACCC)
NSW - NSW Fair Trading
VIC - Consumer Affairs Victoria (CAV)
QLD - Queensland Office of Fair Trading
SA - Consumer and Business Services
WA - Department of Commerce
TAS - Tasmanian Consumer Affairs and Fair Trading
NT - NT Consumer Affairs
ACT - Access Canberra (ACT)
New Zealand
NZ - Ministry of Business, Innovation and Employment (MBIE)