Commercial Property Disputes
Author:
Andersons Solicitors
Publish Date: December 21, 2008
Commercial property can be a critical business asset.
The location of operations is often an important component of business goodwill which is not appreciated until a dispute threatens continued access to the property, with the potential to significantly damage the business's profitability.
However, for some businesses (such as property developers, lessors and real estate agents) commercial property is more than a location for operations, as it forms the actual stock of the business. Such parties are at increased risk of regular involvement in commercial property disputes and generally recognise the importance of establishing ongoing strategies to minimise the potential for dispute.
Whatever your involvement with commercial property, disputes are costly in themselves and also constitute time consuming diversions which tie up senior staff from productive activity. As a trusted adviser, Andersons Solicitors can help you limit the negative effects of such disruptions, allowing your organisation to concentrate on its core business activities.
Andersons takes a holistic approach to dealing with property disputes. Our first priority in managing property disputes is to ensure that each transaction is structured in a manner that avoids the dispute arising in the first place. We do this by analysing the transaction to anticipate pressure points and then ensuring that the transacting parties are fully aware of their contractual obligations in these areas. We also build in appropriate dispute resolution provisions to divert disputes from the courts so as to minimise the costs and delay arising out of disputes.
Businesses are generally focused on using negotiation techniques to resolve disputes and the chances are that you will have done all you can to negotiate your way out of a dispute before you raise the matter with your lawyer. Even if your negotiations have been unsuccessful, sometimes further negotiations between lawyers can be fruitful. There are also a range of effective alternative dispute resolution methods in which a third party assists the parties to reach agreement. These can have significant advantages over court proceedings in terms of time and cost, confidentiality of the terms of the resolution and protecting the relationship between the disputing parties.
Not all disputes can be resolved without going to court. Andersons' commercial property litigation team are highly effective in achieving positive outcomes for our clients through the court system. We ensure that you are fully advised about progress and litigation costs throughout the proceedings.
As a mid sized firm with a history over 100 years long, Andersons Solicitors understands the Adelaide property industry. If you are involved in a commercial property dispute, please contact us on 1800 653 655 to arrange a consultation with one of our commercial property disputes team.
