The Strata Law Podcast with David Sachs

Releases and Indemnities: The Cost of Getting It Wrong

David Sachs Season 1 Episode 44

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0:00 | 15:26

You've reached a settlement in your strata dispute — the negotiations are done, and it's time to put pen to paper. But buried in that deed are two terms that could define your rights for years to come: the release and the indemnity. 

In this episode of the Strata Law Podcast, David Sachs, Principal of Sachs Gerace Lawyers, unpacks two of the most commonly misunderstood terms in settlement documents and contracts — and explains why they demand careful, tailored drafting. 

David breaks down: 

  • What a release actually is — and why the definition of "claims" in the document is the part you need to scrutinise
  • A real-world case where an owners corporation accidentally signed away its right to pursue fire compliance defect claims
  • What an indemnity is and how it differs from a release — one ends claims, the other creates ongoing obligations
  • How indemnities commonly arise in strata building defects disputes between owners corporations, builders, and lot owners
  • Why AI-drafted contracts are no substitute for a lawyer who can tailor these clauses to your specific situation


Whether you're an owners corporation settling a defects claim, a builder negotiating a deed of release, or a lot owner trying to understand what a settlement document commits you to, this episode is essential listening.
 
Need help? Contact Sachs Gerace Lawyers: www.sglawyers.com.au
 
Produced by Law Firm Marketing experts, Practice Proof

Produced by Law Firm Marketing experts, Practice Proof