A 44-year-old registered builder sought assistance from EAS Legal after a homeowner commenced proceedings alleging defective building works and claiming damages exceeding $180,000.
The applicant alleged numerous construction defects and sought compensation for extensive rectification works. A successful claim would have had significant financial implications for our client and the potential to damage his professional reputation within the building industry.
Our team undertook a detailed review of the building contract, expert reports and project documentation before obtaining additional evidence addressing the alleged defects. Through careful preparation, we identified that many of the claimed defects arose from variations requested by the homeowner, maintenance issues and works completed by third parties after practical completion.
Following negotiations and the exchange of expert evidence, the applicant substantially reduced the scope of the claim before ultimately agreeing to resolve the matter on commercial terms.
Our client avoided the significant damages originally claimed, resolved the dispute without a final contested hearing and was able to continue operating his business without the uncertainty and cost associated with ongoing litigation.
