Well, we had another Tribunal Directions Hearing - the only reference to our letter sent (trying to hurry-up the process) was an extended session and earlier date - both of which we were grateful for.
The meeting started with the same Arbitrator as the last time (a good sign), who seems to have taken on our Claim now as his case, meaning we're finally getting some sort of consistency. It felt like the entire afternoon (3.5 hours) consisted of the Arbitrator buttering the Builder up and beating us up, then buttering us up and beating the Builder up...it was hard to tell where it was all going.
We seemed to be moving through some items on the Builder's claim (6 items) until we reminded the Arbitrator of our original claim (70+ items) which is where it all ground to a halt...we weren't going to reach resolution in this (one) session.
My husband and I reiterated that there was no further evidence we could possibly submit on our Claim. We had included quotes, reports, expert's opinions, photographic evidence, timelines, diary notes...you name it, we've submitted it. We implored the Arbitrator to rule on the Claims based on the evidence submitted by both parties.
The Arbitrator asked the Builder if he was happy for Tribunal to rule based on the evidence submitted (and stop wasting ours and Tribunal's time going through each and every item in Hearings), or would he prefer to enlist a lawyer and re-list the Claim with legal representation.
The Builder deliberated and asked for extra time to decide, and received it (of course). The next 7 days were spent biting our nails hoping the Builder would ask to have the Claim ruled on and not go down the lawyer path. When the Builder notified NCAT that he had employed a lawyer (and therefore this process was going to start from scratch again with the added expense of lawyers), our hearts broke. I broke. I was absolutely devastated. When would this ever be over?
I picked myself up and started speaking with specialised building lawyers. I found a good one who heard me out and gave me some insightful advice. He recommended going through our evidence to try to find any problems / loopholes and go from there. Now we just had to find the $3,500 to pay for it.
Just before handing over the fees and all of our paperwork (and definitely out of the blue), we received notice from NCAT that the Arbitrator was going to go ahead and rule on the Claims...and soon. Amazed (and confused) by this revelation, I contacted NCAT to ask why the change of mind...after all, weren't we re-listing since the Builder had insisted on a lawyer?
It seems not. The Arbitrator has allowed legal representation but there will be no further attendances, meetings, evidence...nothing. He will rule shortly and the ruling will be final. I would like to let out a quiet "hooray" at the thought of this all being over, but nothing is final.
There's no guarantee we will be awarded the funds and certificates to fix and finish this house once and for all, in fact, it could all fall to shit and we may have to take out a loan to pay the Builder compensation for inconsistencies in the drawings - in which case we'd be back in Tribunal against the House Designer (who drew and submitted these drawings and facilitated the problematic contract between us and the Builder).
Who knows? Hopefully we will - very soon. Keep you posted.
