5 Reasons Why You Need A Specialist Construction Lawyer Over A Non-Specialist One

Whether you are new to the construction industry or have embarked into it several times, you cannot just consult the internet to get you through your building project. A piece of expert advice is what you need and a construction lawyer is your best companion to make sure you are headed to the right path of your building project.

On the other hand, a non-specialist lawyer does not have enough knowledge, experience and expertise to advise you on construction. You would not want to have building defects and involve yourself in a legal dispute in the future. So better keep yourself on the right track of the building process.

One of the services that you can really take advantage of is the construction contract drafting and reviewing services of a specialist construction lawyer. A lot of building disputes are caused by vague and badly written construction contracts. This might cause confusion between both parties. Hence, it is important that your building contracts are well-written and clear with the objectives and scope of works of builders and owners.

Furthermore, a specialist construction lawyer can advise you on certain details in your contract that can be removed, added, or revised.

In contrast, a non-specialist lawyer might not be able to point out pitfalls and improvements on your building contract. Worse, a non-specialist lawyer might not be familiar with construction laws that cover failures in building contracts. So it is better to have your contract reviewed by a lawyer specialising in building and construction.

Other common causes of building disputes are payment disputes. Sometimes, there are builders who have a poor quality of work or even poor work ethics. That is why, as the client or owner of a property, you may not get your money’s worth. Thus, if you plan to pursue any legal action, it is better if you consult a specialist construction lawyer first. This will result in a more appropriate course of action.

As for a non-specialist lawyer, he/she might not give you the best advice or course of action to take. It is important that your lawyer is assertive on the steps that you follow since it is your building project that is at stake here.

Late payment, partial payment, and non-payment are common payment disputes in the building and construction industry. Issues like these can be subject to the Security of Payment Act. This law ensures that any person providing construction services and supplying materials has the legal right to claim payment. So if their client refuses to pay them or pays less than the claimed amount without any valid reason, then the builder has the right to lodge for adjudication.

The role of a specialist construction lawyer is, of course, to advise on how to avoid payment disputes and, if the dispute already exists, advise on the adjudication process, court proceedings or extrajudicial process. These issues really need the experience, expertise and knowledge of a construction specialist to make sure that you are taking the proper steps to resolve your situation.

A non-Specialist lawyer may not give the proper advice and could even worsen your situation. 

Learn More: Security of Payment >

Of course, what is important in every legally bound agreement are the rights that should be enforced and protected. Consulting a specialist construction lawyer can lead you to correctly enforce and protect your rights, which are covered during the building process. Whether you are the owner or the builder, you have entitlements under construction laws that give you the right to get paid or the right to take legal action for defective building work.

A non-specialist lawyer may only have limited knowledge on the rights under construction laws and may not be able to discuss these rights in-depth. Having a specialist opinion can let you know the consequences of certain actions that can be subject to these construction laws.

Learn More: Home Building Act >