Law is vast, and among its various areas, one such area is ‘Litigation’. Litigation might seem like jargon to layman, but the concept is straightforward. It is a legal proceeding initiated between two opposing parties to enforce or defend a legal right. Litigation involves activities before, during, and after a lawsuit to enforce a legal right. The process includes engagements from the lawsuit’s initiation, pleadings, discovery to pre-trial, trial, settlement, and appeal.
In the context of real estate and construction, litigation often comes into play when there is a dispute owing to building defects. Building defects are faults or flaws in the design, structure, or material used in a building that eventually result in failure in some part of the building structure, reducing its usefulness or causing harm.
This is where building defect lawyers come into the picture. They are the experts who guide and fight for clients in scenarios where a building’s integrity is compromised due to poor workmanship, low-quality materials, or design faults. They have a thorough understanding of the legal standards, building codes, and regulations, enabling them to embrace a strong factual and legal stand in the courtroom. They also determine the severity of defect and if it breaches the contracts or any regulations or laws.
A case in point is the ‘Building Defect Lawyers Wollongong‘. Wollongong, a coastal city in Australia, has noticed a surge in building defects in recent years related to structural inadequacies, waterproofing issues etc. ‘Building Defect Lawyers Wollongong’ has been of immense help to the homeowners and property dealers. With their extensive experience with local building defects laws, they have managed to help clients recoup the costs of repairs and compensation for other damages from builders, architects, and other responsible parties.
A legal professional dealing with building defects would typically use a two-step approach. Firstly, an initial assessment is conducted to determine if there is scope for a claim. During this phase, all relevant documentation such as contracts, reports, and warranty documents, along with the physical evidence, is reviewed meticulously. Following the initial investigation, the lawyer will make a professional opinion on whether the client has an eligible claim. If the client decides to proceed, then comes the second phase of preparing a detailed report on the defect and start the litigation process if required, which requires involving experts in construction, insurance claims, and more.
Yet, litigation is not the only way to resolve disputes relating to building defects. Alternative dispute resolution methods such as negotiation, mediation, and arbitration are often preferred, given their cost-effective and less confrontational nature. Nevertheless, situations that fail to render resolution through these methods end up in the courtroom. Hence, it is crucial to hire a competent building defects lawyer for the right advice and representation.
To sum up, litigation in building defects cases can be a daunting process for both a builder and the owner. It involves several stages such as negotiation, mediation, arbitration, and court proceedings, each stage requiring a different level of understanding, legal knowledge, and strategy. Hence, the need for professional building defect lawyers cannot be stressed enough.
Whether you are in Wollongong or any other city across the globe, remember it is crucial to select a reputable building defects lawyer who can guide you through the process, ensuring you get justice and compensation as per your entitlement. Since every defect has a ticking clock, starting from the time of discovery, it is advised not to wait long to seek legal help.