Property development disputes usually arise between an individual/corporation and Council/private certifier but are also becoming more common between land owners and prospective developers. Disputes are often about:
1 The market value of the land on which the proposed development is to occur;
2 Negotiating an agreed purchase price and conditions of sale;
3 The permitted use of the land and applicable zones;
4 Conditional approval for the development;
5 The building works performed on the development site and the payment of contractors;
6 Effects of the development and its implications on surrounding businesses/ properties eg noise, traffic, and access.
If an aggrieved person has a contract with the property developer, than it is possible that the contract will prescribe the appropriate dispute resolution process to be implemented. This often includes alternative dispute resolution processes such as conciliation and mediation which try to encourage the parties to resolve the dispute in a more informal and cooperative environment.
Should there be no such contract or if the contract is silent on what shall occur in the event of a dispute, an aggrieved person may have grounds to bring a claim at Court/ an appropriate Tribunal. In this instance, the parties will still be able to access alternative dispute resolution processes with the ultimate aim being to prevent the matter continuing to advance through to a litigated hearing.
If you wish to speak with one of our Property Lawyers, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
- Sydney
