Record of Agreement
When the dispute resolution process results in agreement between the parties, the Dispute Resolution Officer (DRO) will put the outcomes into a record of agreement, including details of agreed actions, payments and the timelines for these.
The parties will have the opportunity to review the record of agreement before finalising.
We expect parties to honour their responsibilities under the record of agreement and we will view any failure to comply as a serious matter.
If the dispute is not resolved, we will determine whether it is appropriate to issue a dispute resolution order or issue a certificate of conciliation (dispute not resolved). This will enable either party to make an application to VCAT. Visit the Building and construction section of the VCAT website.
Dispute resolution order
A dispute resolution order is a binding order made against one or both parties.
We can issue a dispute resolution order if the dispute was not resolved by conciliation, was partially resolved or when a record of agreement was not honoured. We can also make an order if both parties agree. These are referred to as 'consent orders'.
For more information on what dispute resolution orders we can issue and what happens if they are not complied with, view the Binding orders page.
Dispute not resolved (Certificate of conciliation)
Where a dispute resolution order is not appropriate, we will issue a certificate stating that the dispute was not resolved by conciliation. This will allow parties to take their dispute to VCAT.
For more information about VCAT, view the Other helpful services page.
Successful conciliation, but agreement breached
It is the responsibility of the affected party to notify us if the other party does not comply with the agreed actions and timelines specified in the record of agreement.
If building expertise is needed to determine whether a party has complied, we may direct an assessor to carry out a building assessment.
If it is determined that the agreement has not been properly complied with, both parties will be notified and we will identify the most appropriate course of action:
- resume conciliation
- issue a dispute resolution order, or
- issue a certificate of conciliation (dispute not resolved).
Dispute resolution order is breached
For information about what happens if a dispute resolution order is breached or how to challenge a dispute resolution order, view the Binding orders page.