Public Liability Claims

• Public Liability

 

Costly Mistakes for:

 

• Builders

 

• Contractors

 

• Owner Builders

 

• Home Owners

 

Public Liability

Public liability claims occur when a person suffers injury or death because of another person's negligence or failure to take reasonable care.

If you have suffered an injury it is important to seek legal advice as soon as possible. Here at Quinn Lawyers we can advise you about the assessment process for your claim based on your circumstances, in order to make sure your welfare is looked after.

We can also advise businesses on potential requirements for Public Liability Insurance, as your business may need to obtain the insurance if it exposes your clients to risk or potential danger. It is also important to seek legal advice as it is becoming common for business to demand proof of public liability insurance before starting projects, in order to provide both parties with financial protection if an accident occurs.

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Costly Mistakes

The following is a consideration of the costly mistakes that can be made by people in the building trade.

Costly Mistakes for Builders

If you are a builder please be aware of the following mistakes that could end up costing quite a bit.

• To avoid costly building disputes you must understand your contractual obligations, all this can be discussed with your solicitor when he or she prepares your contract documents.

• Never allow a home owner to fill in the building contract in part or in full.

• Do not rely on an architect to prepare the building contract, make sure you are familiar with it and understand it and if not seek legal advice.

• Provide contract variation forms to the home owner before signing the building contract and explain the process for variation. Make sure you put this in writing to the homeowner before signing the building contract as this is the only way the building contract can be varied.

• Make it a practice to NEVER rely on oral conversation in order to record a contractual agreement.

• Carry or keep a hand written site diary in which all relevant documents should be kept in order to prove to a court that you have the legal right to be paid.

• Avoid building consultants by being proactive and quick when resolving complaints from homeowners. If there is a delay the home owner may engage a building consultant which may ruin your relationship with the home builder.

• Remember Litigation is expensive try to resolve disputes informally in the first instance.

• Before entering into a contract with a home builder ask them pre-emptive questions in order to determine if you are dealing with a serial litigant. The questions to ask could be something like have you ever been to court with a builder before?

If you find yourself in a situation where you have made any of these mistakes or any other problems not discussed here please contact us and our experienced legal team will be able to help you.

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Costly Mistakes for Contractors

If you are a contractor please be aware of the following mistakes that could end up costing quite a bit.

• To avoid costly disputes you must understand your contractual obligations. Do not agree to a contract you are unwilling or unable to do.

• Make sure you understand the procedure for contract variation and any implication this may have for you.

• Make it a practice to NEVER rely on oral conversation in order to record a contractual agreement.

• Carry or keep a hand written site diary in which all relevant documents should be kept in order to prove to a court that you have the legal right to be paid.

• Be aware that Litigation is expensive

If you find yourself in a situation where you have made any of these mistakes or any other problems not discussed here please contact us and our experienced legal team will be able to help you.

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Costly Mistakes for Owner Builders

If you are an owner builder please be aware of the following mistakes that could end up costing quite a bit as you effectively have the same responsibilities, legal risks and liabilities of a registered building practitioner.

• Financial Risk - due to re-working, variations, occupational health and safety claims and site protection costs. A common financial issue is due to improper budgeting because budgets are a series of fixed costs.

• Financial Risk - another big financial implication can be your construction loan. If you exceed the usual 12 month period in which to construct your home several problems may arise such as interest reserve and you may be liable for extension fees if you need to extend the loan.

• Quality risks - compliance with regulations (building, occupational health and safety etc.

• Poor scheduling

• Ignoring the advice of professionals

• Future risk-Cost of insuring prospective purchasers for 6.5 after the Certificate of Final Inspection or Occupancy Certificate are issued.

• Any claims by purchasers within required statutory time period.

If you find yourself in a situation where you have made any of these mistakes or any other problems not discussed here please contact us and our experienced legal team will be able to help you.

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Costly Mistakes for Home Owners

If you are a home owner please be aware of the following mistakes when getting your home built as they could end up costing you quite a bit.

• Avoid costly building disputes by understanding your contractual rights and obligations before you sign the contract all of which can be discussed with your solicitor.

• Avoid certain builders or subcontractors by performing a simple license check on the NSW Office or Fair Trading website.

• Make sure you are informed and understand the process for contract variation.

• Pay the builder on time as the work is done.

• Be sure you understand the terms and conditions of the building contract .

• If you are in the middle of a dispute always try to resolve it informally by talking to the builder and listening because formal dispute resolution can be rather expensive especially if the matter goes to court.

If you find yourself in a situation where you have made any of these mistakes or any other problems not discussed here please contact us and our experienced legal team will be able to help you.

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If you would like more information or need assistance in regards to public liability insurance or another building and construction related matter please complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.