How will the claim be handled?
The course of action will be determined by whether it is a residential matter or a commercial construction defect dispute. More information on the procedure and steps to resolve a domestic building dispute can be found here.
Either way our building lawyers will provide clear advice on the best process. There are multiple ways to resolve a dispute, we work for the best outcome for you depending on costs and timeframes.
The nature and expense of the claim will determine which court the matter is heard in. Different courts have distinctly different rules and procedures to follow and thresholds.
Not all lawyers have sufficient experience and knowledge to operate in all of the different jurisdictions. It is essential to engage a law firm who can navigate the different jurisdictions and court systems and is well practised in running building law matters.
There is often many stages to litigation and many crucial components such as claims, counterclaims, settlement offers and mediation and different opportunities to resolve the matter.
Setting a claim, defence or counterclaim out correctly from the outset is foundational and sets out the matter to be heard. Getting the right expert advice at the outset is essential.
During a building dispute there are many ways to settle the matter and we have extensive experience in mediations and negotiations. We take a pragmatic approach which includes considering the time, cost and stress involved and each parties’ individuals drivers about the outcome they are looking to achieve, or willing to accept to resolve the matter,
Getting a settlement before having to appear at court will save you time and costs. How your lawyer negotiates will help to get a faster resolution, as long as the other side are willing to be reasonable and cooperate. Our team has both the technical and softer skills such as strategic thinking and negotiation skills.