Building & Construction Litigation

Over 60 years of combined expertise acting in domestic and commercial property and building matters & litigation.

Led by industry veteran Robert McGirr and award-winning litigator Danielle Snell, we act for owners, builders, developers, building professionals, consultants, owners corporations and industry bodies.

We are known for representation at the Domestic Building Dispute Resolution of Victoria, the Domestic Building and Property List of the Victorian Civil & Administrative Tribunal, the County Court of Victoria and the Supreme Court of Victoria in relation to building disputes and claims including attendance at compulsory conferences, hearings and trials. We also represent building practitioners in regulatory and disciplinary proceedings.

Through embracing the spirit of entrepreneurship and modern collaboration, we have adopted a model where our clients are at the centre of everything we do and become part of the journey, rather than removed from it.

We have a high success rate of settling cases prior to trial and navigating expectations of various stakeholders in litigation to strategise and negotiate smart commercial outcomes.

Elit is highly regarded for providing top-tier client outcomes without the big firm costs.

Expertise

Building Defect Claims including structural defects and claims against insurance companies and insurers of building professionals

Expert evidence and advice in relation to rectification of defects insurance claims

Disputes in relation to Caveats and Mortgages

Nuisance and Water Act claims

Security for Payment Act 2002 claims

Show cause notices, including responses

Building Contracts preparation, review and negotiation

Acting on behalf of property owners in relation to proposed compulsory acquisitions pursuant to the Land Acquisition and Compensation Act 1986 [Vic].

Advising numerous building practitioners involved in high value building projects in relation to their roles and obligations pursuant to building contracts and/or consultancy agreements and potential liability exposure.

Owners Corporation issues and disputes

Advice on termination of Building Contracts

Consultancy, Civil works, Infrastructure, Management/Superintendent and Development Agreements

Adverse Possession and Boundary Disputes

Expertise

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Building Defect Claims including structural defects and claims against insurance companies and insurers of building professionals

Expert evidence and advice in relation to rectification of defects insurance claims

Disputes in relation to Caveats and Mortgages

Nuisance and Water Act claims

Security for Payment Act 2002 claims

Show cause notices, including responses

Building Contracts preparation, review and negotiation

Acting on behalf of property owners in relation to proposed compulsory acquisitions pursuant to the Land Acquisition and Compensation Act 1986 [Vic].

Advising numerous building practitioners involved in high value building projects in relation to their roles and obligations pursuant to building contracts and/or consultancy agreements and potential liability exposure.

Owners Corporation issues and disputes

Advice on termination of Building Contracts

Consultancy, Civil works, Infrastructure, Management/Superintendent and Development Agreements

Adverse Possession and Boundary Disputes

Since the firm launched, Elit Lawyers by McGirr & Snell have won multiple awards, including:

Executive of the Year - Finalist

This award recognises Danielle Snell as an outstanding leader setting the benchmark for excellence in the legal profession.

Most Influential Lawyer - Changemaker

This esteemed award recognises Danielle Snell for her significant contributions to the legal profession across the areas of innovation, diversity and leadership.

NewLaw Firm of the Year - Finalist

The Lawyers Weekly ‘New Law Firm of the Year’ award recognises “game changers” in the legal profession, with the firm’s make-up and model taking a different approach to the traditional law firm offering.

Litigation Rising Star

This distinguished honour names Danielle Snell amongst top barristers and solicitors under the age of 40 whose successes in high stakes litigation belie their age.

Most Influential Lawyer - Changemaker - Australasian Lawyer (Danielle Snell)

This esteemed award recognises Danielle’s significant contributions to the legal profession across the areas of innovation, diversity and leadership.

Litigation Rising Star - Lawyerly (Danielle Snell)

This distinguished honour names litigators who contribute above and beyond to their profession, becoming “entrepreneurs and mold breakers who have risen by seizing on the uncertain times the cards have dealt them”

Expertise in property & building litigation

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Major Matters

Major Matters

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Get in touch

With us personally, it is just one more way we’re different.

Danielle Snell

CO-FOUNDER AND DIRECTOR

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Robert McGirr

CO-FOUNDER AND DIRECTOR

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Latest Building & Construction Litigation News

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"

"This was a “David v Goliath” fight as our dispute was with a large global corporation. The attention, compassion and guidance that Danielle and the team showed us was absolutely incredible."

CEO & Founder

National mental-health support organisation

We recently instructed Danielle from Elit Lawyers by McGirr & Snell to help with a legal dispute. As a small purpose led business, this was a “David v Goliath” fight as our dispute was with a large global corporation. This dispute was during a very emotional time as we were in the middle of a global pandemic, Melbourne’s sixth lockdown, homeschooling and no childcare – all while trying to keep our small business alive.

The attention, compassion and guidance that Danielle and the team showed us was absolutely incredible. I have 10 years legal experience myself and even with that, I was reluctant to litigate, especially during such a difficult time. However Danielle always gave us confidence in knowing that she was in our corner and always working for our best interests, so my reluctance was quickly appeased.

Today I am pleased to share that David defeated Goliath and we could not be more thrilled with the result we received thanks to Danielle and the team from Elit Lawyers. Danielle not only saved our company, but ensured that we could continue doing the good work we were previously and helping improve the lives and mental health of mothers across Australia.

I could not recommend Danielle and the team from Elit Lawyers more highly. I am *hoping* that I will never need their services again, but feel very reassured knowing they are there and always in my corner.

Thank you Danielle and team.

"

"Danielle is a well-known and respected lawyer who knows how to handle difficult and intensive litigation."

Queens Counsel, Devers List

Victorian Bar

Danielle Snell is a very intelligent and impressive lawyer whom I have worked with in my role as senior counsel on various litigation matters.  She is a well-known and respected lawyer who knows how to handle difficult and intensive litigation.  Danielle combines a deep knowledge of the law across many practice areas with a practical approach to litigation, and is authentic and charismatic in her dealings with others.

"

"Danielle and Robert demonstrate outstanding expertise and approach all matters methodically with a clear and practical focus..."

Chief Operations Officer

Peak industry body for fire protection

As Chief Operating Officer it is extremely important to work with lawyers who are easily accessible, honest and trustworthy.  We have briefed Elit Lawyers by McGirr and Snell across various legal disciplines and now use them as our “go to” solicitors.  Danielle and Robert demonstrate outstanding expertise and approach all matters methodically with a clear and practical focus on achieving the best possible result.

"

"Danielle demonstrated a refreshing and unique ability to narrow the issues, and succinctly explain complex matters."

General Counsel

Leading home building company

Having worked alongside Danielle in litigation matters I have found her approach to be thorough and strategic.  In particular, Danielle demonstrated a refreshing and unique ability to narrow the issues, and succinctly explain complex matters.

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