Builder’s Guide to Dispute Resolution: Stay Calm, Stay Covered

While most pool and spa construction projects are completed without incident, there are occasions when concerns may be raised by the client. Proactively managing disputes can help maintain your reputation, protect your business, and lead to a fair and timely resolution.

1. Respond Promptly and Professionally

If a client raises a concern, respond as soon as practical. Demonstrating a willingness to engage openly can de-escalate tensions and help clarify any misunderstandings before they grow. Avoid reactive language and instead focus on solutions.

2. Document all Communication

Maintain detailed records of all project communications — including emails, site notes, meeting summaries, and photographs of the work in question. If a dispute arises, this documentation can help demonstrate that you've acted in good faith and fulfilled your obligations under the contract.

3. Refer to the Contract

Review the signed contract to confirm the agreed scope of works, payment schedule, variations, and timelines. Being clear about the contractual obligations of both parties is essential in assessing whether a valid dispute exists and how it might be resolved.

4. Request Concerns in Writing

If the client is dissatisfied and verbal discussions haven’t resolved the matter, invite them to submit their concerns in writing. This ensures you have a clear understanding of their expectations and gives you an opportunity to respond formally and thoughtfully.

5. Consult your Industry Association

If you’re a member of the Swimming Pool & Spa Association (SPASA) or a similar industry body, contact them for guidance. SPASA may assist in clarifying standards, reviewing documentation, or helping you understand dispute resolution pathways available to you and your client.

6. Engage in Dispute Resolution Processes

If the issue escalates, your client may lodge a complaint with the state or territory’s civil and administrative tribunal. These forums provide a legal, but generally low-cost, process for resolving building disputes.

As a builder, you may be required to present:

• A clear account of the project and timeline

• Evidence of work completed (photos, reports, variations)

• Communication history

• Your contract and any addendums

• Any prior attempts at resolution

Your preparedness and documentation will be critical in defending your position.

7. Seek Legal Advice if Necessary

In rare cases where the dispute cannot be resolved through informal discussion or tribunal processes, legal action may be initiated. If this occurs, or if you are considering initiating legal proceedings yourself, it is essential to seek qualified legal advice to understand your rights, responsibilities, and best course of action.

REMEMBER

Handling disputes calmly and methodically can go a long way toward protecting your reputation and reducing unnecessary stress. By staying professional, documenting thoroughly, and making use of industry and legal resources when needed, you can resolve most issues efficiently and constructively.