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.

Spiros Dassakis
Who We Are

Experience that brings context, judgement and perspective

NextGen Experts is an independent specialist consultancy providing technical, commercial, regulatory and dispute-related support across the swimming pool and spa industry and related sectors.

Our work draws on more than two decades of industry experience spanning construction, servicing, standards, regulation, education, business operations, governance and dispute resolution.

That breadth matters. Many issues cannot be understood by looking at a contract, standard or technical requirement in isolation. They need to be considered in the context of how the industry operates, how work is delivered, what the regulatory framework requires and what is reasonable in practice.

NextGen Experts brings that broader perspective to every engagement.

What We Bring

Industry Experience: Practical experience across pool and spa construction, servicing, maintenance, products, suppliers, contractors, consumers and industry organisations.

Technical & Regulatory Knowledge: A detailed understanding of standards, compliance requirements, regulation and industry practice, together with experience interpreting how those requirements apply in real-world situations.

Executive & Commercial Experience: Senior executive experience across industry operations, governance, membership organisations, commercial strategy, training, stakeholder engagement and organisational development.

Standards & Industry Representation: Longstanding participation in Australian and Australian/New Zealand Standards

development, including committee leadership, technical contribution and industry representation across a broad range of pool, spa and related standards.

Expert Reports & Dispute Support: Independent technical assessment, expert reports, review of competing technical opinions and dispute support for lawyers, insurers, builders, suppliers and consumers where swimming pool and spa issues need to be properly investigated, understood and clearly explained.

About Spiros Dassakis

NextGen Experts is led by Spiros Dassakis, who has worked across the swimming pool and spa industry for more than 20 years.

His experience includes senior executive roles with the Swimming Pool & Spa Association, extensive involvement in Australian Standards development, industry representation, regulatory engagement, education and training, business advisory work and dispute-related matters.

Spiros has contributed to more than 30 Australian and Australian/New Zealand Standards and has participated in standards development since 2008. His contribution to Standards Australia was recognised for 20 years of service and participation.

He also established IRLearning, a registered training organisation developed to support industry education, skills development and nationally recognised training.

Through his executive and industry roles, Spiros has worked with builders, contractors, suppliers, manufacturers, regulators, government agencies, industry associations, lawyers, insurers and consumers.

That experience now underpins the work of NextGen Experts.

Practical Experience Beyond the Textbook

NextGen Experts is not limited to providing a technical interpretation of an issue.

Our role is often to bring together the contract, technical requirements, standards, regulation, industry practice, available evidence and practical circumstances to help clients understand the issue and determine an appropriate way forward.

Whether the matter involves construction, compliance, a product, a dispute, industry policy, standards development, training or business operations, the focus remains the same:

Understand the issue. Establish the position. Provide practical direction.

https://www.nextgenexperts.com.au
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