Building disputes don't need to occur if you get
the right tactical advice.
Often the basis of a disagreement is a
simple misunderstanding or honest mistake. In which case it is
important to use a building consultant who is impartial and can provide a
balanced view. Be wary of advice from friends.
financial and time cost of a dispute can be easily avoided or minimised
with experienced professional help.
The formula will vary but in
most cases you should:
- identify the issues;
- discard those
complaints that are unreasonable or will not be supported by evidence or
- seek legal advice from solicitors who should
advise resolution at all costs. And, if the complaint escalates into a
dispute use either mediation or check your rights with the Department of
Fair Trading. Most residential work is protected by legislation or
Tyrrells can help you:
- identify the important
issues by inspecting the property and consolidating all the incomplete
and defective work into a clear report for you to use;
with the contractor;
- lodge a complaint to the Department of Fair
- lodge an insurance claim with the Department of Fair Trading
or the private insurances companies responsible for home building
warranty insurance with tactical advice at every stage of the process;
- select an experienced legal advisor.
What inspections or advice do you
You need an inspection to assess incomplete and defective work
and an analysis of the documents to source and verify the basis of your
All findings, advice or information should be compiled into a
thorough but easily understood report.
Which buildings require
All types of buildings require inspection. At Tyrrells,
we have seen disputes about a simple timber fence through to a $200m
When should you have these inspections or advice?
- ending any contract; and
- angry words with your
contractor or client.
How long does the inspection take?
about disputes can take considerable time. This is because the basis of
the argument is often a complex mix of facts and emotion.
sufficient time for us to:
- inspect the project;
- analyse the
- discuss the problem;
- prepare a report; and
What documents should you give the building
You should provide the consultant with:
- the approved
plans and specification
- a copy of the Contract
- a list of problems
you know about
- a detailed list of what you want us to do
relevant correspondence between you and the contractor.
insurances should consultants have?
They should carry insurance for:
indemnity when appropriate; and
- public liability: $10m.
essential that all consultants assist their clients with any reasonable
concerns or problems after the inspection has been completed
much should you pay for these inspections?
charge from $275 per hour.
Dispute management starts at
$660 and may be more depending upon the complexity of the problem. In
most cases you will save many times the fees in reduced stress, lost
time or costs.
Most Courts and responsible
solicitors are recommending efforts to resolve disputes using:
- prevention of a complaint or minor problem escalating
into an unnecessary dispute.