Owning property means taking on a set of responsibilities for the people who visit that property. Whether it's an office block, hospital or a school, the people on your property are entitled to a basic level of safety and security, and the right maintenance contractor makes all the difference. But if they believe your building maintenance has not provided that security, they may be entitled to file a lawsuit against you.
It's unlikely you can reduce your risk of litigation to zero, but there are a few sure-fire things you can do to bring your risk down. Working with a general maintenance contractor is a good first step, as it pays to be proactive about property maintenance. In this post, we'll go over three ways you can utilise good maintenance routines to mitigate your litigation risk.
1. Know your most common litigation risks
As a property owner, it's your responsibility to be aware of the risks you may face. Perform regular inspections of your property and ask yourself what could happen to harm people in each area. Ask yourself (and your maintenance contractor) questions like:
- Are these building materials suitable for the setting they are in? Any indoor-only tile placed outdoors can create a slipping hazard, for instance.
- Have the area's building codes changed significantly since the most recent round of construction? If a building doesn't comply with modern codes, you may run into trouble if you try to lease or sell it.
- Are there minor issues, such as roof leaks, that can cause knock-on effects down the road?
- Do you have proper approval for each project you plan on doing?
- What insurance coverage do your building maintenance contractors carry?
It also helps to document as much as you can about your maintenance projects and procedures. In the event that you do face litigation, you want to provide as much evidence in your favour as you can.
2. Look for red flags early in the process
When you choose a maintenance contractor, you should pay close attention to the contractor's way of doing things. Using a contractor with poor policies may open you up to more legal liability than you would otherwise face.
One of the first things you should examine is the quote you get. Is it detailed? Does it cover everything you asked about? What problems does the contractor anticipate having? A contractor who cannot clearly tell you the answers to these questions may not be the right one for you. Moreover, the more detailed a project's plan is, the more likely the contractor is to complete it within budget and on time.
Next, look at the contract itself. How watertight is it? Does it have vague, boilerplate language, or is it customised for your needs? The clearer the contract's terms and conditions, the better protected both parties are.
You should also consider the avenues of communication that your maintenance contractor opens to you. How quickly do your contractors respond when you contact them? Do they have procedures in place if a dispute arises? Are they focused on the "hard sell," or do they give you honest feedback with every visit?
3. Have a plan of action in case you are sued
If someone does sue you, having a strong plan of action can make the difference between winning and losing your case. A few of the things you should have in this plan include the following:
- Involve your maintenance contractor as soon as possible. In many cases, the contractor can intervene and remove the hazard. The speed of your response can be critical in a courtroom.
- Have legal advice on hand. Local and state governments have a variety of procedures for lawsuits and dispute resolution, and you need someone to represent your interests early on.
- Work with stakeholders to find alternative solutions to the problem. You may not have to see the inside of a courtroom after all.
- Reach out to oversight bodies such as the Queensland Building and Construction Commission to find out what they have to say about your situation.
The time to develop these procedures is before you need them, not after. Take the time to consider what hazards you face on your property and learn how to deal with issues that do arise. As a result, you'll be in a far better position than people who don't.
Call First Response Maintenance Solutions for all your construction and maintenance needs
At First Response Maintenance Solutions, we believe that preventing problems is far superior to fixing them. We are proud to provide all-in-one construction and maintenance solutions, both for ongoing projects and once-offs. We take pride in being experienced, reliable, trustworthy and willing to take on projects of any scale across Brisbane, the Sunshine Coast and the Gold Coast.
Contact First Response online today to schedule your free price quote. From painting and plastering services to electrical repairs and grounds maintenance, we should be the first team you call to get a job done.