dispute tips

General tips on dispute resolution

Please note: This is general information only, Upfront Pay cannot provide legal, financial or taxation advice. At any point in any transaction you are at liberty to seek your own legal advice.

Stay calm and talk it out

It can be frustrating when things aren’t going to plan, but your best bet is to remain calm. Sometimes it might be worth leaving and coming back once you’ve cooled off and thought the problem through a little more.

Communicate, communicate, communicate

Be in constant communication about how the job is progressing. If there is a bigger issue, arrange a mutually agreeable time and place to sit down and talk about the issue calmly, rationally and with the sole intention of resolving the issues at hand. This may involve some negotiation and compromise. You will need to discuss the nature of your complaint, the outcome you want, and what action you think will settle the dispute.

Write a letter reiterating your discussion

Once you have both voiced your concerns around the issues, write a letter outlining what you have agreed to do and by when, date and sign it. This ensures your meeting is summarised on paper and will be a valuable resource should further action be necessary. 

If there is a dispute between the parties whereby one party does not wish to release payment to the other, one or both parties must immediately notify Upfront Pay of the dispute and Upfront Pay will safely hold the payment, and not release it until either:

1. Both parties agree to the release of all or part of the payment; or
2. Upfront Pay is directed by a court or other authority to release the payment to a party.
   

Check your agreement for a dispute clause

Some contracts contain clauses that deal specifically with dispute resolution, so it’s wise to check this before you take any further action. Usually, such clauses outline a prescribed dispute resolution process, which you are compelled to follow before initiating any other action.

I only have an issue with part of the job

If only part of the job is under dispute, payment for the portion not under dispute will be released. The job variation form will need to be completed by the tradie, and we will contact the customer to confirm the details.

If the Tradie does more work than originally planned, and you both agree on a higher amount to be paid for the job, the Tradie simply needs to create a ‘new job’ for the difference, stating in the job description that it’s a variation of the original job.

You may need help resolving your dispute

If, after a prescribed period of time (which may vary from state to state and contract to contract) you haven’t had a response or reached a resolution, you may need the help of a mediator in resolving the issue. For more information, see the list below and click on the State where the work was performed. This is a guide only and states change their rules and procedures periodically.  It may also be very sensible at this point to seek your own legal advice.

State-specific next steps

Upfront Pay does not provide any legal advice, financial advice or taxation advice. You must seek your own advice in this regard.