101. A better way to handle building defects disputes – with Chris Duggan

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This week, I have the privilege of Chris Duggan’s company once again, as he steps us through an innovative process he uses to assist buildings under his management to resolve building defects disputes with original developers. If you’re sick of seeing your newly constructed building waste money on lawyers and consultants when all you want is your leaky shower fixed, then this is the episode for you.

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  • As mentioned at the 14:30min mark, litigation or collaborative defect rectification are just two of the options available to fix defects. A very powerful tool for Owners is funding defect rectification independently from the developer/builder, typically via a special levy. This is a very good strategy for some buildings, can remove much of the angst associated with the legal route and will reduce the overall cost of fixing defects by eliminating much of the legal component. Consultants and lawyers will still be involved, but the vast majority of funds will go towards fixing defects, not fighting the builder/developer. However, it requires courage, commercial acumen and the ability to explain and “sell” the idea to other owners, many of whom believe legal is the only route.

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