Building Defect Disputes: What Apartment Owners and Owners Corporations Need to Know About Making a Claim and The Crucial Role Of A Specialist Construction Lawyer
Understanding the Complexity of Apartment Defect Claims
Apartment defect disputes are legally and procedurally complex. Owners corporations must consider expert evidence, statutory warranties under the Domestic Building Contracts Act 1995 (Vic), limitation periods, proportionate liability principles and insurance recovery options before commencing proceedings.
In multi-unit developments, liability may extend beyond the builder to developers, engineers, building surveyors and subcontractors like plumbers. Strategic identification of concurrent wrongdoers under the Wrongs Act 1958 (Vic) is often decisive in maximising recovery along with an understanding of solvency of parties.
Before issuing proceedings in the Victorian Civil and Administrative Tribunal or the courts, careful expert investigation is critical. Poorly framed claims or even well crafted claims that rely on expert evidence that is not accurate can not only limit recovery it can expose the owners corporation to adverse cost consequences.
Why Expert Selection Is Critical
Selection of experts is one of the key reasons to engage an expert building lawyer like BU Lawyers, we not only consider their expertise and level of experience of the given experts but we pride ourselves on knowing who the experts are, their reliability, ability to perform under pressure and which experts have performed well in Court and at the Tribunal.
We know who can write decisive reports and perform in the witness box and at conclave. After all, the competing opinion of experts can come down to success on specific issues in a case. An advocate expert who pushes your position when it is not warranted can be as dangerous as an expert who lacks knowledge. At BU Lawyers we engage experts who we know are most likely to influence respondents, defendants and insurers to pay voluntarily at mediation or compulsory conference and if you are not satisfied with offers you can move confidently toward trial.
The Importance of Early Legal Advice
Early legal advice and engagement with reliable experts who are right for your issue ensures compliance with pre-litigation requirements, insurer notification obligations and evidentiary standards and setting a case up right for success!
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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