Property Damage Law Is a Specialist Field of Its Own
Most people know what personal injury law is.
Far fewer know that Property Damage Law is its own specialist field.
It sits at the intersection of building and construction law, professional liability, water law and insurance law.
At Brockhill & Usherwood Lawyers, we regularly act in matters involving:
- Building defects
- Water damage and neighbour disputes
- Insurance claims
- Owners corporation disputes
- Professional negligence affecting property
The biggest mistake property owners make is assuming they know what caused the problem.
Before liability comes investigation.
After investigation comes pursuit.
At the end of pursuit comes RECOVERY.
If you don’t properly identify the defect, cause, responsible party and scope of damage, you may be pursuing the wrong claim entirely.
Worse, if you commence proceedings against the wrong party or make the wrong claim you can face the normal rule being a costs order in Victorian Courts and even VCAT, yep, that’s right VCAT can award costs, especially if offers are made and in particular in building and property cases.
If you don’t focus on RECOVERY from the start you are like a ship at sea without a sail…
When it comes to property damage, good outcomes start with good evidence and a clear focus.
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Recent articles
-
Why Plumbing in Victoria Has No Insurance Safety Net
The amount of plumbing related building defects I see in Victoria is astonishingly high. Often they exceed all other defects. Yet the insurance that should respond has become a farce.
-
A Neighbour Is Building and Why a Protection Works Notice Is Never Just a Form
More and more I am seeing protection works disputes become disputes about access to land, adverse possession, boundary issues, building defects and property damage.
-
A New General Insurance Code of Practice but Will It Change Anything
The headline change is that many of the Code's obligations are proposed to become legally enforceable. On paper that is a significant shift.
-
The Case for a National Civil and Administrative Tribunal for Australia
Burns v Corbett and later decisions mean tribunals are not Chapter III courts and cannot exercise federal jurisdiction. It is time to consider a national tribunal.