Alternative Dispute
Resolution and
Residential Construction Disputes
Resolving residential construction disputes can be a
costly and time consuming process involving many parties. The HPO has worked with
the Attorney General's Dispute Resolution Office to develop the Notice to Mediate (Residential Construction)
Regulations for residential construction which were passed in May 1999.
These regulations are retroactive and permit any party
to a residential construction dispute to compel the other parties in a structured mediated
session. Mediation is often a more cost effective and rapid method for solving
residential construction disputes when compared to the court system.
A guide targeted to both the residential construction
industry and homeowners called Options for
Resolving Residential Construction Disputes is also available through the HPO.
This guide is an introduction to dispute resolution options for people involved in
residential construction disputes. It includes:
- general information on negotiation, mediation,
arbitration and litigation
- information on the Notice to Mediate (Residential
Construction) Regulation and the Homeowner Protection Act Regulation, and
- a list of resources for more information on any of these
topics.
Notice to Mediate Process
Regulations introducing a Notice to Mediate process for
parties involved in residential construction disputes were introduced in May 1999.
The process provides parties to residential construction disputes with an effective and
less costly dispute resolution process.
The Notice to Mediate process can be used in any Supreme
Court action involving a residential construction dispute, no matter when the action was
commenced. However, delivery of the Notice to Mediate must take place no later than
180 days before the trail date.
Any party to a Supreme Court action involving a
residential construction dispute can initiate mediation by delivering a Notice to Mediate
form to every other party to the action and the Dispute Resolution Office in the Ministry
of Attorney General.
Copies of the Notice to Mediate (Residential Construction)
Regulations enacted by the Homeowner Protection Act can be obtained by
contacting Crown Publications at phone (250) 386-4636; fax (250) 386-0221 or on this website.
Costs of the mediation are paid for equally by all
participants unless other arrangements are agreed to by all parties.
For more information contact the Dispute Resolution
Office of the Ministry of Attorney General at phone: (250) 387-6888; website: http://www.ag.gov.bc.ca or the HPO.
Warranty
Disputes
For owners of homes which carry home warranty insurance
mandated by the Homeowner Protection Act (home built by licensed residential
builders with building permits applied for on or after July 1, 1999), a mandatory
mediation process has been set up. Owners who are in a dispute with their home
warranty insurance providers can compel them to mediation.
Additional Information
Last Updated: November 04, 2003 |
