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Building and Construction Disputes

 

All Strata Solutions can assist in the resolution of any dispute that may occur concerning building defects in Strata Schemes. It is important to try and resolve the dispute before commencing litigation or pursuing and insurance claim. However All Strata Solutions have experience in assisting with claims against builders or developers or current insurance claims, or new claims that may arise, we will manage the dispute efficiently so that the optimum results are achieved.

If you are buying into an Owners Corporation which has been established recently, in that it has already held its first AGM, it is wise to check on the relationship between the developer and the appointed agent. Where the developer has majority ownership or voting rights he may use his voting power to install managing agents into the property who will resist the will of the Owners Corporation to make any claims against the developer. This can make it impossible for the Owner’s Corporation to agree or form a majority in order to lodge a complaint. This often occurs because the developer is also the builder, or is financially connected with the builder, and is seeking to avoid their responsibilities.

In some instances as the managing agents or caretakers, who have financial or contractual relationships to the builders or developers, have control over access to common property, then they would limit independent building inspectors or representatives of minority lot owners from making inspections or compiling negative reports for example, by denying access to locked areas of the common property etc.

As a result of the above problems the Strata Management Legislation Amendment Act was introduced, thus as of the 1 August 2008 strata managers , individuals and lot owners have the ability to lodge complaints with the Office of Fair Trading. The office of Fair Trading can then provide you with independent building inspectors to assess your problem and managers and caretakers will be obligated to cooperate with officers from Fair Trading and provide assistance to enable the inspection to be carried out.

All Strata solutions can assist in managing your dispute. Our experienced team of accountants, lawyers, and property specialists, has vast experience in dealing with legal issues covered by the Home Building Act. Defective building work on common property or lots within a scheme affects every lot owner. Developers and their managing agents do not always look after your best interests.

If you would like more information or assistance with a Building or Construction dispute, please complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.