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| BUILDING DIAGNOSIS CENTRE are multi disciplined experts, give advice to strata and commercial property owners on building corrosion from the northern beaches peninsula to Sydney Harbour and through to the eastern suburbs’ beaches. |
DISPUTES AND TRIBUNAL - Expert Opinion for Faulty Workmanship
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Procedure
- Initial assessment
- Evaluate the issues
- Meetings with client / solicitor
- Investigations
- Synthesizing the information
- Final report to client / solicitor
- Cost estimates of rectifications
- Experts report
- Expert witness at court
- Meeting of experts
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Initial assessment
Brief is issued from client and/or solicitor. Building Diagnosis Centre usually assists or creates the brief for the client/solicitor and seeks fair approval via way of our office submitting our service fee proposal for acceptance.
Evaluate the issues
Obtain all available reports, tests results, product information, specifications, drawings and the contract. Study the supplied material and inspection of the issues at the property together with taking photographic evidence and issue an interim draft report.
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Meetings with client / solicitor
Meetings particularly on site could also include with the contractor in hope of a settlement between parties. For the contractor to rectify their faults or for the client to make final payment where the contractor is found not at fault.
Investigations
Recheck previous issued material and, where new information was gleaned from the meetings, further research the previous reports, Australian Standards, Building Code of Australia, products, specialist services and strata records. This may include the carrying out of physical invasion destruction exploratory works where necessary.
Synthesizing the information
The research, investigations, test analysis results, products and reports. |
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Final report to client / solicitor
Report includes the findings of the exploratory works and photographic record and/or evidence that can be relied upon for reasons of the client / solicitor having a better understanding of the written report and for others that will include the contractor, there solicitor's and the courts or tribunal's (if the matter cannot be settled). |
Cost estimates of rectifications
Our consultant will estimate the rectification or replacement works or subject to clients instructions will provide a more accurate estimation after creating a bill of quantities and labour expenses.
Alternatively, will submit the report to tender for experience contractors in the required field of rectification or replacement to provide their fixed tenders. This would likely require our consultant to produce a precise specification from the final report information that would also require reinspecting the damaged property and taking measurements. This will achieve more accurate tenders however the party responsible for the building damage or faults if it is the contractor, usually argues the claim is far less expensive than the cost supplied by the new contractors. This cost document will be relied on by the client and/or solicitor for their claim against the other party.
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Experts report
This is an extremely comprehensive document fully describing the claim supported by photographic evidence and reference to standards of practice, Building Code of Australia, Australian Standards and product specifications. It provides factual and assumed evidence; exhaust views of alternative methodologies; obtain weather forecasts conditions of the construction period that could be many years prior; provides reasons and opinions and solutions that need to be obtained to correct the faults; a conclusion and recommendations including the estimated cost of the claim and/or where quantity surveying or tenderers have issued a cost. This important document may also include a column report known as a Scott Schedule used in court proceedings that sets out the facts relating to the contract, a separate cost for each complaint item and a space for comments by the adjudicator etc. |
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Expert witness at Tribunal CTTT and Court
Giving evidence and being cross-examined by the counsel to each party's solicitor is time-consuming and requires accuracy and honesty as the expert witness is giving an opinion for the court to assist in making a decision and not necessarily to take sides for their client. It is during this process of examination the expert's report should be thorough and accurate which can only occur from genuine experienced investigations and knowledge of the matter at hand.
Meeting of experts
Often directed by the court for both parties’ experts to discuss the technical issues and to come to a common agreement on the issues that they agreed to and to list the reasons why they disagree on the remaining issues.
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