Building and Construction Litigation 

Building and construction litigation is one of the most technical and involved areas of the law, and unfortunately without good advice, parties can end up in complex and expensive Court cases.

Often, a mediation is the best way to settle a building dispute. This is where the parties and their lawyers meet with an independent, trained mediator, who helps them to work through the dispute and find a solution. Many building contracts require mediation, and the Courts often insist on the parties undertaking mediation before a full Court hearing. Even if not, the parties can always agree to call in a mediator.

Many building disputes go to arbitration. An arbitrator is different from a mediator, in that the arbitrator has powers to determine the dispute, just like a Judge in a Court case, while the mediator only has powers to persuade the parties to settle. So, arbitrations can be complex and formal.

So, it is essential to obtain accurate and commercially sound advice as to the many pitfalls and risks involved in pursuing or defending a building dispute, and to have sound representation at mediation conferences, arbitrations and Court hearings.

Please contact Ben Hemsworth or Tim Somerville.

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