Litigation

Reliable and Strategic Property and Construction Lawyers to Manage Your Litigation Process

We understand that litigation is considered a last resort option and that clients want cost effective solutions. That’s why at Construction Legal our property and construction lawyers begin with making a detailed assessment of the dispute at hand and will evaluate your chances of success. At Construction Legal you will be receiving the highest quality of advice as our team have decades of litigation experience. Furthermore, we are always ensuring that our understanding of legal issues is up to date by conducting thorough legal research.

We have a network of experienced construction, property and engineering experts and barristers who we frequently consult with to ensure that we have a detailed, expert understanding of the case at hand.

We have extensive experience litigating the following types of disputes:

Property Litigation

  • Contract for sale of land disputes
  • Disputes arising from development of residential and/or commercial property
  • Disputes in ownership, caveats, and easements
  • Leasing disputes
  • Possession orders

Construction Litigation

  • Breach of contract
  • Building defects and defective construction works dispute
  • Breach of statutory warranties
  • Payment disputes – claims for variation, liquidated damages etc
  • Security of Payment laws
  • Termination right and/or wrongful termination

Workplace Prosecutions

  • Defending construction clients when prosecuted by Safe Work
  • General pre-litigation advisory services on work health and safety rights and liabilities

Litigation in other areas of law

Our recent highlights

  • Litigation management of 12 cross-claims multi-party dispute commenced in 2016 with a total claim in excess of $200 million. The proceeding was mainly in relation partnership disputes and shareholder disputes arising from development of commercial and residential properties.
  • Successfully acting for owners corporation in relation to claims for statutory warranty breaches against the Builder in relation to almost $1.5 million of defect rectification works
  • Successfully acted for our client in a bankruptcy proceeding in the Federal Circuit Court
  • Successfully acted in a property contractual dispute in relation to rescission and termination of contract for sale of land.
  • Successfully acted in a leasing dispute in relation to a possession order;
  • Acting for various builders, construction companies and owners in the NCAT and District Court under the Home Building Act in relation to building defects, construction disputes and statutory warranties.

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Jessica has been Deicorp’s construction law expert for over five years and she has been invaluable since then. As well as acting on several court proceedings, Jessica provides my team at Deicorp with strategic and legal advice on a regular basis. I continue to place my trust in Jessica because she is a strategic thinker. She has an excellent understanding of my company and foresees risks before anyone else. Jessica and the team at Construction Legal cannot be recommended enough.

FOUAD DEIRI
MANAGING DIRECTOR, DEICORP

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Disputes can escalate quickly and can be a major disruption and expense to your project. At Construction Legal, we can provide with prompt legal advice on how to resolve your dispute quickly and commercially.