Are you involved in a strata building defect dispute?

Contractors joined to VCAT proceedings, Strata managers & OC committee members, and even interested lot owners:

Are you involved in a strata building defect dispute?

Have you spent 10s of thousands or more on expert reports?

Do you have legal proceedings with no end in sight?

Maybe you have had proceedings running for many years in the VCAT or another Tribunal!

Maybe you have been to compulsory conference and still not resolved!

Maybe a key Respondent is now insolvent or has even joined multiple other parties and slowed everything down…maybe some have little if any liability and costs keep rising…

If so, you need to hear this…!

The Victorian Civil and Administrative Tribunal like some other Tribunals have a huge backlog and are consumed by delays with volumes of multi-party matters more appropriate for the Court. VCAT is chiefly responsible for domestic building BUT Courts can hear the matters…

Tribunal forum is not your only avenue, in fact it’s probably the slowest and most costly.

VCAT like other tribunals in Australia are susceptible to underfunding, under-resourcing and serious serious delays! No offence at all to the Members, many are doing an admirable job in difficult circumstances. But these delays get between you and getting an outcome and moving on.

Every day your proceedings take longer - the prospects of another insolvency in the building industry are increased.

You need to have your proceedings in Court to have the more stringent Court rules apply and where timelines are more strictly followed.

And to avoid spending money with reducing chances of success:

• For Applicants, you need to have a sensible discussion on the likelihood of success and recovery!

• For Respondents (including contractors who have been joined), you need to hustle and focus on bringing proceedings to an end whether by S112 offers or other means…

The team at Brockhill & Usherwood focus on getting results in building defect litigation.

We understand the engineering, waterproofing, cladding and legal issues (ie the building litigation) but most importantly we understand RECOVERY – for Applicants its about who is paying and for joined Respondents how to seek proceedings to be brought to an end or get insurance monies.

If you’re involved in strata defect proceedings - reach out and understand what path you can take to reach success in your proceedings contact:

Blair@bulawyers.com.au
0491 611 843

Katy@bulawyers.com.au
0493 057 008

We can provide a no cost independent opinion on your proceedings. We will look at your orders, expert evidence, any offers of compromise and give you a realistic outlook on your options and how to potentially move your proceeding into the fast lane.

This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Tagged as:

• building disputes