Building Agreement Advices and Strata Title Matters
In both these areas, it is often important to obtain good advice.
In the building agreement area, we firmly believe that good legal advice before you enter into a building agreement can help ensure better and more timely construction and less prospect of dispute.
We have heard it said that, when properly advised, perhaps about one third of prospects do not enter into the proposed building agreement in question. While our own experience probably has less than that percentage not proceeding in such a case, in about 80% of our cases the draft building agreement is considered to be in need of substantial amendment or clarification.
When people do not obtain legal advice before they enter into the building agreement, it is usually a mistake in our view. We firmly believe that the chances of a later expensive problem are substantially reduced by obtaining the advice and also, based on past experience, that prospects will find obtaining the advice from us good value for money.
In the strata title area, we have in the past previously advised both Owners Corporations and individual lot owners.
The obligations of both Owners Corporations and individual lot owners have become greater in recent years.
Again, we are of the firm belief that good legal advice can enhance understanding of strata laws and future planning for Owners Corporations. It can also help resolve or prevent disputes inside or outside the Owners Corporation.
Sometimes the areas of building law and Strata title overlap. It could be the case, for example, that there are defects in the building which forms part of an Owners Corporation that need to be rectified or compensated for. Our principal has some experience in successfully dealing with such matters (and also in dealing with building defect claims in respect of freestanding homes).
The areas of building law and Strata title are areas where good legal advice can make an important difference. In particular, good legal advice at an early stage is relatively cheap and can lead to better planning and prevention of disputes.
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