We notice that building and construction legal disputes are more frequently occurring in building and construction projects throughout Perth, Western Australia. If you find yourself in a legal dispute with your Perth builder or Perth building company and do not know what to do, you are not alone. Please read on where we discuss the basics.
Generally, most if not all building and construction legal disputes that arise between a Perth builder or Perth building company and a Perth landowner in Perth, Western Australia involve a legal dispute that concerns delays or defects.
What to do if a building and construction legal dispute arises between yourself and your builder in Perth, Western Australia?
Construction and building legal disputes occurring in Perth, Western Australia are almost always very complex and tedious to resolve.
If a legal dispute arises between you as a Perth landowner or Perth homeowner, and your Perth builder or Perth Building company, it is recommended that you understand and follow the basic process of legal dispute resolution.
The following process only applies if there is a written building and construction contract in place. If there is no written contract or agreement in writing, you will need to speak to a Perth construction lawyer or Perth building lawyer to understand your legal rights.
The first thing a Perth landowner or Perth homeowner should do when there is a legal dispute with their Perth builder or Perth building company, is to understand what were the agreed terms in writing (written in the building and construction contract) between the respective parties. In other words, identify what you and your Perth builder or Perth building company agreed to.
Secondly, once you have identified what the agreed terms are between you as a Perth landowner or Perth homeowner, and your Perth builder or Perth building company, then identify whether any of these agreed terms were breached.
Thirdly, you will need to formally notify the Perth builder or Perth building company of these identified breaches of contract.
Fourthly, depending on the response or non-response from your Perth builder or Perth building company, you will then need to consider your legal options. If the response received is non-satisfactory or if your Perth builder or Perth building company chooses to ignore your notice of breaches, you may need to consider the next step which is taking legal action.
Fifthly, if you wish to take legal action against your Perth building or Perth building. company, consider where you will take legal action. This could be in a Western Australian Court or in the Building Commission of Western Australia. It is best to get legal advice from a Perth construction lawyer or Perth building lawyer before you commence legal action.
Takeaway
Building and construction legal disputes in Perth, Western Australia are frequently occurring. If there is a written contract in place between you as Perth landowner or Perth homeowner, and your Perth builder or Perth building company, then you should start there. If there is no written contract or the written agreement is unclear and/or missing important terms, then you would likely need to speak to a Perth construction lawyer or Perth building lawyer to discuss your legal rights. It is always recommended that you speak to a lawyer earlier than later.
If you require legal advice on building and construction legal disputes in Perth, Western Australia, speak to a lawyer at BMS LAW on (08)63890270 or email info@bmslaw.com.au Alternatively speak to us via LiveChat.