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Building Disputes – How an Experienced Building Disputes Lawyer Can Help

by | Feb 7, 2023

How a Building Disputes Lawyer can help you

Building Disputes

Are you having trouble with a building dispute and don’t know what to do? Building disputes can be hard to solve without the help of an expert lawyerwho knows what they’re doing. Find out how a lawyer who specialises in building disputes can help you settle your dispute quickly and easily.

A building dispute indicates that two people disagree about what is going on and want a different solution than the one they are currently in. Normally, building disputes are characterised by incomplete or defective building work, cost blowouts, or outstanding monies owed to builders and contractors.


Understand your rights and responsibilities.

Talking to an experienced building and construction lawyer will help you understand all your legal options and responsibilities. Your lawyer can help you understand what choices you have and which ones will lead to the best results. In addition, they can offer guidance on how to comply with the regulations and legislation that apply to your situation.


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Resolve Disputes Without Going to Court.

Most people would rather settle their disputes quietly than litigate in court, where expenses and delays might add up. A skilled building disputes lawyer may negotiate a mutually acceptable resolution with landowners and other stakeholders. A competent lawyer will also be able to offer advice on how to avoid future legal problems. Rather than engaging in costly and time-consuming legal proceedings, resolving a building and construction dispute through negotiation is quicker and less expensive.


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Going to Court

If negotiations are unsuccessful, a knowledgeable building disputes lawyer can help in bringing a case to court. Although it is usually the last alternative, this strategy should be taken into consideration because it may be the most effective way to obtain both monetary and non-monetary compensation. You may rest easy knowing that your rights and interests will be completely protected in court when an experienced building disputes lawyer is in charge of the entire litigation process.


Why going to court is a last resort

Making a judicial decision in a case requires identifying the relevant facts and applying them to the applicable legislation. Rules and precedents underpin this structure.
Now let me ask you, if you know how to apply the facts to the law, shouldn’t you already know who will win the case? It is common knowledge that there must be a loser for there to be a victor in a legal struggle, so why do both parties to a dispute go to trial if they are equally confident in their chances of winning?


The judicial system, in all honesty, is not that simple. A successful outcome in court is far from certain for four basic reasons.


1. Fact or Fiction

When people differ on the facts of a problem, experts must be brought in to establish the facts. Establishing facts is a difficult procedure, and experts from both sides of the case sometimes differ, so the facts are rarely clear-cut.


2. Complex Laws

There are several laws, legal amendments, and precedents that may be applied to a collection of circumstances. Lawyers will argue over which law should be applied to the circumstances. The judge may have a third opinion. The laws that apply to a case may differ depending on how the case is viewed.


3. Human Error

Experts, lawyers, and judges may all make mistakes.


4. Life is dynamic

Situations, consequences, laws, and facts may all change over time.


Why engaging a building disputes lawyer is a must

Lawyers that specialise in building disputes have handled cases similar to yours previously and know the ropes.

Did you know there are no professional standards or bodies to guarantee that all so-called experts are, in fact, experts? Inept or dishonest experts may continue to provide their services despite not being legitimate or renowned experts. A seasoned building disputes lawyer will have connections to credible experts, as knowing which experts to rely on to support your case requires inside knowledge.

A lawyer who is experienced with building and construction disputes will know the relevant laws and how they pertain to the particular circumstances at hand. Making sound judgement decisions like this necessitates industry knowledge as well as legal skill and expertise.

Building disputes lawyers are accustomed to the dynamic nature of the industry; it’s par for the course in most litigation files. Given their familiarity with the fluid nature of building and construction disputes, a skilled lawyer will have their finger on the pulse and be able to forecast future developments and repercussions for the case.


Access Professional Legal Advice

When faced with a building dispute, having access to an experienced and astute lawyer is vital. At the very least, a lawyer will be able to guide you through the intricacies of contractual clauses, ensure that all negotiations are conducted in line with applicable laws, provide vital analysis of evidence, and draft legally binding settlement agreements. They can also oversee arbitrations or mediations if necessary. Ultimately, your lawyer will work hard to ensure that your rights are upheld at all times.

If the case progresses to the point where it is in your best interests to go to court, an experienced building and construction disputes lawyer will be able to help you through the labyrinth that is the Australian Courts System. They can propose experts and barristers (junior and senior Counsel), create, lodge, and serve court submissions and affidavits, manage discovery, and explain tactical alternatives and ramifications. A layman could not accomplish this alone since the industry is too specialised and sophisticated.


L A Warren Lawyers – Building Disputes Lawyers

L A Warren Lawyers

L A Warren Lawyers, Leonard Warren is an expert in building disputes. He has been practicing in the area of litigation for over 27 years and has a Masters in Building and Construction Law. Contact us to arrange a FREE initial telephone or video consultation to discuss your building dispute.

About Leonard Warren
Leonard A. Warren is an expert in litigation and resolving commercial disputes. He has over 25 years of experience helping clients achieve a successful result in disputes involving a diverse array of areas including property, mortgages and securities, building and construction, commercial and residential leases, contracts, negligence, defamation, debt collection, insolvency and bankruptcy, directors' duties, and professional conduct matters. He has acted for clients in the High Court, Federal Court, Federal Circuit Court, Supreme Court of Victoria (including Court of Appeal), County Court of Victoria, Melbourne Magistrates' Court and VCAT and in private arbitration. Leonard also has experience in a diverse array of mediation settings, including judicial and private mediation, DBDRV, and Victorian Small Business Commission. Leonard is the founder and Principal of L A Warren Lawyers.
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