Builders are often experienced in the terms of engagement leavings some clients unaware of some traps to look out for, including simple contract drafting errors. We understand that while parties to a contract continue to collaborate the scope for a dispute remains minimal, however, we also too often see disputes that may have been avoided through the benefit of hindsight.
Where disputes arise, our lawyers assist with advice on the termination of a contract, rectification of defects and any other options that may exist for a landowner. Ending a contract early is a serious matter and should always be done with the benefit of legal advice.
Our solicitors regularly represent clients at the Building Appeals Board, Victorian Civil and Administrative Tribunal and in the courts, whether by instructing counsellor as a solicitor advocate – whichever is appropriate. Among our practice, we assist with the following:
- Showing cause in response to a formal notice served by a municipal surveyor or a relevant building surveyor
- Appeals against an order served by a municipal surveyor or a relevant building surveyor
- Disputes with a surveyor, builder, sub-contractor or other persons involved in the construction process
- Adjudications under the Building Industry Security of Payment regime
- Protection works notices and related disputes, including applications for recovering costs for the assessment and supervision of protection works
- Criminal prosecutions commenced by a council
- Fencing disputes.
Our experience ranges from representing first-time owner-builders to multi-million dollar litigation conducted on behalf of commercial operators.