Leaky (Watertight) Building Litigation
Chris is able to provide an initial assessment as to whether a leaky home owner has a strong claim against parties involved in the design, construction, inspection and certification of the subject property. Chris will present the jurisdictional options open to you, such as litigation in the High or District Courts or mediation and adjudication through the Government's Weathertight Homes Resolution Service.
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Leaky home owners also require pragmatic advice regarding their prospects of actually recovering the money required to fix their properties as, in many instances, the parties involved in construction either have no assets, no insurance or (in the case of some individuals) have simply folded up and moved overseas. Consideration also needs to be given to the timing of litigation, as there are strict time limits for bringing leaky building claims both in the Courts and the Weathertight Homes Tribunal. In some cases, a home owner's interests will best be served by accepting the Government's Financial Assistance Package (FAP), especially as accepting the FAP does not remove the right to pursue parties other than local authorities (Councils) for the portion of the repair costs not recovered through the FAP.
For defendants/respondents to leaky building claims, whether in the Courts or the Weathertight Homes Tribunal, Chris offers advice on the extent of the client's liability (if any), and whether there are any factual or legal difficulties with the claim faced which provide a defence or help to reduce liability. If your liability insurance cover has been compromised because of weathertightntess issues, we have strong ties to expert insurance lawyers that may be able to help with this as well. Chris will also be able to assist in recovering any settlement paid to a home owner from others that may have been involved in construction.
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