All Points Building Consultants All Points Building Consultants
ABN: 22 186 502 985
Phil Faigen

Defects and Disputes

Investigative Reporting

Technical problems can arise at any time with any sort of building - be it an established house or a new office block.

The defects may be the responsibility of the original builder (who used incorrect materials of faulty workmanship), or it could be ageing of the building or other unforseen reasons. The report can be used in subsquent proceeding in Court or other Tribunals.

A thorough investigation can be carried out to:

  •  Determine the cause/s.
  •  Prepare a scope of work to have the defects rectified.
  •  Have that scope of work put out to tender to establish reasonable costs of the remedial work to be done.
  •  These costs can be useful in selection of builders to carry out the work or in negotiations involving disputes.
  •  A contract can be prepared for a builder to carry out the work as described in the scope of work.
  •  The scope of work when costed, is a very useful tool when a dispute is being referred to any jurisdiction.

NOTE: The photos reproduced here show some defects that have been inspected and, to the best of the authors knowledge, have since been properly rectified. They are included here for non-specific educational advice purposes only and are not be relied on for any other purpose.

Dispute Resolution

Engaging in the most appropriate dispute resolution process and having the right mind set can save both parties a considerable amount of time, money and stress in preserving fees and expenses of consultants, experts and lawyers.

Remember: all disputes are resolved sooner or later, it is just a matter of time and cost.

The most preferred process is Negotiation - owners and builders resolve their differences between themselves. If this is not possible reference to the Building Commission, The State Administrative Tribunal, Arbitration or the Courts may result.

Remember there are other options such as Mediation, Expert Determination, Conciliation, Adjudication and a lot of hybrids of these.

Seek professional advice and choose your process wisely!

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