Category: Litigation

A lawsuit has been served on a number of parties. Because this is a public site, they will remain nameless.

Defendants are alleged to have breached obligations to repair and maintain the building, to have been negligent in the repairs and maintenance undertaken, and to have misrepresented the condition of the building envelope.

The defendants who are represented by counsel are currently assessing the claims, and reviewing documents. We expect they will all be filing responses to civil claim before September 2020.

To get to a settlement, it usually takes a few years from the date of services, though some claims settle quicker.

Most construction defect claims resolve themselves through settlement and negotiation, as opposed to via trial and judgement.

The strata is only able to pay out settlement funds to owners who are on title the date the settlement is approved.

If you sell and wish to retain your right to collect a portion of any future settlement funds, you would need to negotiate this with the buyer and you will need to seek advice from your own lawyer on how best to achieve this outcome.