Originally a corporate lawyer practising in the area of mergers and acquisitions and commercial litigation, Olivia decided to change her specialism to building and construction law when she became involved in her own building dispute. “I really enjoyed it. I thought: ‘I don't need to get ten witness statements to prove my client’s case or have my client give an exorbitant amount of money to win and to then find out they aren’t going to recover anything’. Everyone who is involved in domestic building project has insurance and so as long you have an expert report you have all you need to make an educated decision as to whether you have a case or not, regardless if you are an owner, builder or developer or whether it’s to sue for compensation or proportion liability to another part”, shares Olivia.
With Olivia being one of the only female Principal Lawyers who runs her own Building and Construction Law Firm, Boutique Lawyers in Melbourne CBD, we interviewed her, asking for tips on how she gets the results her clients need.
I think you do get tested more as a female.
Have you had any challenges in what is a very predominantly male orientated sector?
Yes! I think I am the only female lawyer in the city that has their own firm solely in the building construction legal sector, so naturally, I have faced challenges, the main one being having to prove yourself. I have had to prove myself of being capable at handling these cases, because as a female, you just don’t get that instant trust. You have got to get the results for clients and have a good track record of doing so. It is a little bit harder and I think you do get tested more as a female.
Can you share reasons to why domestic building disputes arise for owners and builders?
Usually, disputes arise where there are delays with the completion of the construction works, as well as issues with defective works and variations to the original fixed price contract. Builders get faced with dealing with domestic building disputes that involve their final claim not being paid, issues with liquidated damages because of delays, as well as not being paid for variations and defects that resulted through no fault of their own.
Clients should try to educate themselves or get their lawyers to tell them what their rights are and what clauses ought to be inserted in the contract to avoid issues.
Is there anything that your clients can do in order to avoid these disputes in the first place?
Yes, they could get advice on devising a domestic building contract before it is signed specific to each project. It is always beneficial to insert some special conditions, as well as seek some education on how to protect yourself, what your liabilities are and understand how the domestic building contract is to operate. Being one of the largest financial contracts you will sign in your life, I don’t understand how owners, builders or developers don’t seek the legal advice they need, especially when it’s for a small fee compared to the outlay. Clients should try to educate themselves or get their lawyers to tell them what their rights are and what clauses ought to be inserted in the contract to avoid issues. This is usually because most of the issues are not knowing what is included in the contract, what’s excluded and some ambiguity in the terms of the contract – such as when the completion date is.
On the other hand, if a dispute has already risen prior to a client seeking legal advice, you how do you determine the next steps for your client to take?
We usually review everything and give them whole advice, not just advice regarding the issue they are inquiring about. It is better to know the whole story, as you never know if there is a better more efficient and cost effective way to handle the matter for your client and still get the same or better result. We provide a fixed price to review a case and once we know the path forward, we map out a plan to ascertain whether we are able to achieve the result the client is seeking or better considering fees, time and outcome and also the safest and least risky options at hand.
Most of the time clients have no idea as to what they are entitled to and why it can make a very big difference to their case.
Can you share any stories on perhaps unconventional solutions that you sometimes have to devise for the benefit of your clients?
Sometimes, it is more beneficial for the client to deal with the matter directly with the other party rather than immediately getting the guns out to fight if the project is still on foot, so it doesn't affect their relationship with the builder or the owner. Most builders, owners and developers just want the project completed on time without any dispute on the terms they agreed to. Instead, we would educate our clients on their rights and liabilities and advise them on what they need to do in order to endeavour to settle the matter if it is more beneficial for them to do so without lawyers. Most of the time clients have no idea as to what they are entitled to and why it can make a very big difference to their case. Most of our clients don’t end up in litigation.
We are known for being a little aggressive in order to get the results we want, in a timely manner, especially as litigation and legal proceedings are a client’s last resort, and they would have tried every other option prior to this. We usually proceed in this manner once we have exhausted other avenues available.
If we don't think we can get a good result for the client or if litigation is not going to benefit them in any way - especially with regards to benefit versus costs -, we will decide not to take the case on as the result won’t be one of any benefit to any party but for the lawyers. We always strive to see a fair and reasonable outcome for all.
Olivia Terziovski LLB
Boutique Lawyers
Principal Legal Practitioner
Level 14, 350 Collins Street
Melbourne Victoria 3000
1300 556 140
Olivia’s in-depth background in building and construction law puts her in a unique position to be able to help clients, such as builders, owners, subcontractors and property developers through building disputes, contract advice, property and planning cases. She is dedicated to finding the best way to help clients, whether conventional or unconventional, and has been known to achieve outstanding results with little more than a phone call. Olivia’s passion is partly due to a love of building and construction law, but also based on a personal experience she had in a serious building dispute. Her dedication ensures that clients have all the information they need, not only to understand their situation and their options, but to chart a course forward considering costs and outcome to be achieved, shorty of a crystal ball prediction.
