Non-Contractual Damages

Not every loss arises from a contract. Damage caused by a neighbour's construction, by an animal, by a falling object or by someone's careless act gives rise to liability even though the parties never agreed anything.

Wise Counsel advises on and pursues claims for damage caused outside any contractual relationship.

What we help with

• Damage to property caused by neighbouring construction or renovation
• Damage caused by trees, animals, structures and falling objects
• Nuisance claims — noise, smell, flooding and interference with use of property
• Damage caused by public works and by State authorities
• Establishing fault, causation and the extent of recoverable loss
• Evidence gathering, including expert assessment of damage
• Negotiating settlement before proceedings are commenced
• Representing clients in court where agreement cannot be reached

Photograph and document the damage immediately. In these cases the evidence disappears as soon as the repairs are done.