Building Defects - PCL Lawyers

Recognising and dealing with faulty construction can pose a challenge for landowners, builders, and contractors alike. It’s crucial to understand that addressing this issue involves distinct steps for residential and commercial building disputes.

Firstly, the initial focus is on identifying the problematic building works. This is done by comparing them to established building codes and standards. It’s worth noting that disputes can arise not only over significant defects but also over matters that might not qualify as major issues.

In any case, the first step is to accurately pinpoint the aspects of the construction that are not up to par, using the established guidelines as a reference. This process is essential because it forms the foundation for addressing and resolving the dispute, whether it’s related to a residential or a commercial property. By ensuring that the building adheres to the required codes and standards, it sets the stage for a smoother resolution process and helps prevent potential conflicts down the line.

Frequently Asked Questions

How will the claim be handled?
Determining who is at fault?

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 jurisdictions. It is essential therefore to engage a law firm who can navigate the different jurisdictions and court systems and is well practised in running building law matters.

There are 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.

Determining who is at fault?

If the building was constructed to the specification in the construction contract, then the liability may lie with the architect, draftsman or engineer. Defining what the issue is and who is at fault is key to getting the defect fixed under warranty and the right party bearing responsibility.

This is a very specific area of law that requires consideration of industry knowledge to understand each party’s liabilities and responsibilities to the landowner, the builder and to the regulatory bodies.