The 3 key things that REALLY matter in building and property; legal and insurance claims.

The 3 key things that REALLY matter in

• building and property;
• legal and insurance claims.

Expert evidence:

Those who know me, who have instructed me, even opposed me, they know:

• Expert Witness experience, access, grounds for opinion, credibility, independence and report writing are key!!!!!

• So when you say “but I already have a report from my mate who is a good plumber and he reckons blah blah blah about mould remediation”

you know what I will say?

“we can do better”.

Claim and Forum:

IDR - AFCA? DBDRV - VCAT or Court. Plumbing insurance? Out of court…

• What claim and where you file your claim is critical, we don’t just ‘try’ this or that. We know best prospects for different types of claims based on the facts. Eg. Why make an insurance claim when there is a defect exclusion and the builder is solvent…

• So when you say I have been in the building game for years blah blah from the pub said make an insurance claim. Why don’t we just do that?

You know what I will say…

“You are paying for my experience, here’s what think, based on seeing literally 100s of claims in the last 6 years…”

Claim amount?

Here is the thing that most lawyers should be talking about from the outset:

• How much is your claim?

• If you don’t know, let’s get an expert to find out, I know we all reckon it’s this or that, but we need to know realities.

• Its amazing how often a small claim after investigation is not small. Or even the opposite. Some issue you thought was nothing is something.

• the approach to a $15,000 claim is never going to be the same as a $1.5m claim. Legal fees can be costly AND you need a strategy that works for YOU.

Maybe if the claim is modest enough a detailed meeting with advice for $500 + GST and some guidance on what to do and where to go is best. Many forums like AFCA, BPC are designed to deal without lawyers representing. That doesn’t mean you don’t need legal advice…

EARLY advice is key for all claims.

But where the claim is large don’t underestimate the critical need for the strategy to be right. Evidence to be correctly obtained and reliable. Remember the larger the claim the more hostile the opponent is likely to be and you need to have your ducks in a row.

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

Tagged as:

• building disputes
• litigation