Construction is a temporary endeavor that comes with great risks. It is an investment that you can use for a long run. You can secure your expenses and budgeting by hiring one. There are many reasons why you should get a solicitor, but the main point is they will provide vital assistance in every aspect of the clients’ case or even project. The attorney will work with excellence to deliver a good legal service starting from the basic know-how to lawsuits and liabilities.
In this Internet world, you surely cannot trust anything you read online. There are many questionable construction law firm websites and advertisements around that obviously want to fool you. Building dispute lawyers have crucial roles in your project so you should be choosing the best ones.
If your house construction project is being compromise because of building disputes, there are no other steps to take but to contact a building dispute lawyer to help you deal with it. Some might think of it like an additional expense or just a waste of money but trust me you need a legal assistance. You would not want to get bankrupt because of incompetent builders, right?
So how do you really find the best building lawyer for your situation?
1. Conduct a research
You can start by listing at least 30 construction law firms. Use Google to search for various lawyers around your area. In this stage, you don’t have to set your standards yet upon choosing. Write down all the names of lawyers in that construction law firm, their contact number and address.
Use other means to validate your findings. For example, ask people who have transacted with the builder. They can give you insights whether if they have any good or bad experience working with your builder. It is better to choose lawyers near you with building and construction law specializations.Â
2. Read and review to find out how they do it
When you have completed listing down, you can now visit their site’s pages. Then, read all reviews from their previous clients. Read about their mission and a little about them. Look on how they handle such same cases as yours, if they are truly prioritizing construction cases and such.
Cross out items which have no and bad reviews. Eliminate construction law firms you consider that cannot help you with your problem.
3. Contact the building dispute lawyer
Now that you know the general information about the remaining law firms in your list. You can now contact them through an email or call. You can choose the medium of communication to be used but we recommend you to call them. By buzzing them, you can get to know them directly and immediately.
Purpose of the call
Asked the lawyer of the most important things about your legal situation. This is like a first consultation with an expert but you should choose the free ones. Law firms have free 15 minutes talk with their lawyers and they would give you a simple advice based on your situation.
You can clearly identify and determine which ones would be great suited for you. And, you can also get a substantial advice from them as well. Generally, the first consultation is free, so take this chance to thoroughly scrutinize the lawyer you’re talking to. See if that is the kind of attorney you will need.
If you have time, you can call at least 5 best construction law firms or lawyers from your list. Now is the time to meet them in person.
4. Meet with the lawyer
When you ask a meeting with a building dispute lawyer, it might have a fee at this time. Needing the expertise of a construction solicitor may be urgent, but try to calm down and get your thoughts together before the actual consultation. That way, you can easily state the situation you are in, as well as understand what the lawyer will tell you to do next.
When do we need a lawyer?
When you are emotionally distressed
For homeowners, if there occurrence of problems such as wasted money, broken plans, and failed expectations can make that stress multiply even more. For contractors, builders, and other workers involved, the outcome of the work is like their trophy. Non-payment and underpayment can really frustrate the workers after all the hard work they have exerted.
When you could lose a huge amount of money
Construction projects demand a huge value of money. A building solicitor can help you with enforcing payment claims, defending and representing a client in litigation, and making sure that the client’s legal rights are enforced.
When there are injured workers
Building houses and infrastructure can be dangerous work. Builders can get serious injuries and can sometimes even lead to death. With these situations, one will need a solicitor to assist the compensation and other legal transactions between the owners and injured workers.
When you could face jail time
When things get serious and heavy and the situation becomes uncontrollable. Hiring a construction solicitor can reduce the chances of imprisonment. He can find the best resolution for your circumstance.
Scenarios where a Building Dispute Lawyer can Save you
Here are some scenarios where a building dispute lawyer can save you:
Disputes on your House: Home Building and Renovation Problems
Let just say that you have just finished building your house. It is all fine and dandy until you started to notice that your roof is leaking in just a few months. You also noticed that tiny cracks have also appeared.
Feels frustrating? But, it can still be fixed. Since building contracts have prescribed warranties, you can still get your builder to fix it for you with no extra costs. This applies during the prescribed warranty period which is about two to six years after construction.
But, if your builder is being dodgy on this subject and keeps churning out excuses, then call a construction lawyer to help you in making them work on the defect.
Disputes on your Building: Commercial Building Issues
The same situation with residential buildings can apply for commercial building contracts, but it would require you to have close coordination with your contractor and their subbies. Since the building would be usually used for business purposes, it is important to carry out work with utmost care.
If you are in a situation where you a subcontractor is under performing or your builder is ripping off his team of contractors, a construction lawyer can help sort things out for you. He can look over your situation and would know which legal process you should do.
Disputes over Money: Issues on Late payment and Non-payment
In Australia, builders paying their contractors late becomes a normal thing but it should not be encouraged. Why? The contractors will have difficulty sustaining their contracting services for every late payment they are experiencing.
Your contractors would need sufficient money to keep their cash flow stable. They would need to pay employees, buy materials and etc to keep their business running. They could not afford to go bankrupt. So in the case of payments disputes, it is important to resolve it as much as possible.
This is where a construction lawyer comes in. They would know how to claim your hard-earned money through adjudication, especially if the situation has escalated to a dispute. The adjudication process is specifically created to get your claims faster, so you won’t even need to take it to court. Just ask your lawyer on how you can do it.
 Disputes over Contract Violations: Dealing with Breaches
In a building project, the contract needs to have clear terms and obligations. It must be complete and detailed, with variations set as early as possible. With a good contract, it becomes easy to follow what is stated there. You can also pinpoint early on if who is on fault when experiencing a building dispute.
Usually, building disputes are factored in as a contract breach, especially when a builder refuses to fix a defect or compensate you for losses due to carelessness. But, you can always ask your builder regarding things in your contract that you want to clarify. They can even help you review your contract for any questionable provisions.
Disputes due to Miscommunication: Creating mutual agreements
One common cause of a building dispute is miscommunication. It can always happen in different situations, especially with sudden changes and delays in the construction phase. This is where constant communication should enter if you want a harmonious work relationship with all parties involved.
If you think you have trouble saying your thoughts and concerns in the construction well, a building dispute lawyer can help mediate in between. They can help your talk to the other party with empathy without sacrificing your rights in the project.
If the dispute can be solved just with talking it through, it would be stress-free for everyone and will make the building process smoother and faster to complete.
Taking Disputes Further: Getting Some Legal Action
If you tried talking it through to no avail, compile your supporting documents and take your case to the tribunal. You can get help through Fair Trading, or through the NSW Civil and Administrative Tribunal (NCAT).
Whether you need legal assistance in filing a case in these tribunals or in court, a construction lawyer can help you get through its processes. They can help you understand what you are about to do, and guide you whenever you need help.
A building dispute is a big mess if you let it becomes worst. It might affect the overall end result, your budget, financial status, and even with your health. Getting the best lawyer for your legal situation is a big deal.
Having your own lawyer beside you can give you confidence boost and secure your interests. By a construction lawyer’s expertise, you can be ensured you are in the right hands.
Buckley Lawyers can assist with building and construction law disputes and NCAT matters.
In every building project, we must be bound by contracts agreed by both parties. Breach of a contract is a common cause of a lawsuit. I like that you talk about making sure that arrangements should be complete and well detailed. It will be easier for the lawyer to handle the case in this situation. A friend of mine is facing a breach of contract with his contractors, which will give him an idea of how he can win the lawsuit.
It’s good to know people can get a lawyer for any building disputes. You mentioned that you can ask the lawyer things about your legal situation. This sounds important especially if it informs the lawyer what is going on while letting you get clarity on the situation.
Thank you for pointing out that you’re going to want to look at a few different firms. My husband and I are wanting to hire a lawyer and need to find the right one for us. I’ll have to do some research and find the best attorney in our area.
I really like your tip about asking to meet your building dispute lawyer. That makes sense considering you would want to meet them in person before doing business with them. I’ll have to consider your tips when getting legal help.