• $200 + 10% GST $220 per hour applies after 1 July 2006. 
• Travelling time (return trip to our Manly office) is charged at our hourly rate and applies for our service (property site visits, any meetings and court, travelling interstate Etc).
• The consulting cost - Given we have gained the reputation of being very thorough, experienced and non-compromising investigations for high quality results, after 1000’s of successful consultancies, Building Diagnosis Centre like other consultants still know very well the difficulties of actual time and cost required for Services in the rectification and dispute industry. Budgetary estimates could be obtained at post inspection/s “once our involvement is more clear”.

Due to many uncertainties in time requirements for the purpose to gather accurate or best information including researching, perusing documents and conferences whether in person or by telephone, it is often the case the Building Diagnosis Centre cannot provide an estimate. When estimates are given they will not be binding or be relied on in any form. The final time incurred to provide the consultancy will become the basis for the cost of the consultancy.

Project consultant

Project Director Consultant is Robert Speirs-Ferrari who provides the initial consultation and usually throughout the project including managing his engineering and other consultants and laboratory consulting team. Robert’s qualifications include; Consulting Chartered Building Professional FAIB, Master of Design (UTS) MBDA and Licensed Builder MMBA. Refer to CV.

As an analytically minded person his experienced in collecting evidence of building corrosion and making recommendations is demonstrated in a recent Ferrari Case History cited in the Links Page of our website.

Robert arranges core hole sampling, paint coatings and mortar sampling, and the collection of asbestos and lead ceiling dust samples to supply a NATA-accredited laboratory for testing and reporting.

Consultants’ field work and reporting complies with applicable referenced documents and industry practice

• Australian Standards
• Building Code of Australia (BCA).
• Local council policies
• Manufacturers specifications
• Industry practices to at least a minimum level of reasonable ability.

Consultancy details

Supervision

“Supervision” in the building and construction industry means being present the majority of the time to show, educate, direct, observe, protect and provide and be available at any time during the course of the works. Therefore, supervision of any kind is not part of the Building Diagnosis Centre, Robert Speirs-Ferrari or any other consultant or service that we offer or provide to our Client or agent or to any tradesperson or the like.

“Supervision” and activities assisting builders with manual construction is not what we provide as consultants as we would need to be permanently at the works whilst in progress. The licensed building contractor under contract with the Client or agent is or should be permanently (and his tradespeople and subcontractors) at the works to provide full extensive supervision when and where required to achieve quality work.

Alternative to supervision

Our alternative to supervision for the builder to achieve quality work occurs at the time when we are observing whilst inspecting the works.  When we discover at these inspections substandard works, it is a direct result of poor supervision or materials. We make this known to the builder and the Owner or agent and request the builder to remove substandard work.

We ensure for our Client or agent that the licensed building contractor during our inspections produces quality acceptable standards of construction works as per the building contract, special conditions, specification and where drawings are provided, in the capacity as the inspector or contract administrator providing periodic inspections. During these on site periods, our responsibility as consultants is to advise the Client or agent especially where the licensed building contractor is repeatedly not providing satisfactory work, causing delays or damage to the building. Occasionally we have advised our client to terminate the building contract agreement when builders can't perform or have lost interest and are deserting the project.

Correspondence

Correspondence refers to all letters, reports, specifications, building contract agreements, cost estimating schedules, e-mails, faxes, memos and any other similar type document.  These are professionally presented and on our letterhead in black printing. 

Correspondence will be transmitted via e-mail and PDF file attachments, by fax and generally a hard copy not delivered by post. A CD disk can be supplied at additional cost ($50) per occasion. Arranging for printing of building plans at plan printing outlets.

Photography

Photographs will be in colour except where they are being faxed when they will be black and white. Photographs will be taken for identification and record purposes, for photographic evidence generally exhibiting the works, where any defects are detected at inspections and/or where any other similar situations exist.

Access to property

According to our experience, the consultancy and time estimated will fluctuate mostly from unexpected and time-consuming activities to facilitate completing the consultancy satisfactory. Therefore any additional time required for the consultancy including travelling will continue.

When estimated time is given it is always subject to a ‘Rise & Fall’ (changeable) and the cost is our actual time incurred at our schedule hourly fee rate.  When we provide an estimate, it is an estimate of time required for a given exercise when it can be predictable, and the estimate will continue to change which on the majority of cases continues through to completion of the consultancy.

Our consultancy will cease immediately upon receipt of the Client or agent informing us that the consultancy is no longer required. We will respond with a tax invoice of all fees and disbursements incurred to this point for prompt payment as per our terms and conditions.

Disbursements

Disbursements if any when applicable, are at costs and additional to our schedule hourly fee rate. This includes for taxi fares, parking station fares, plane fares and hiring of equipment.

Costs when Secondary Consultants for laboratory services are required, are separate to the consultancy fees and disbursements and their invoices to be the responsibility and paid directly for by the Client or agent.

When introducing Licensed Builders (external independent contractors) on behalf of the Client for any physical investigations, removing any part of the building fabric for assessment purposes of defects / conditions, and the re-positioning or replacement of the removed part/s of the building fabric or any cost associated with, the Client or agent agrees with their details, charges, and costs, and their invoices to be the responsibility and paid directly for by the Client or agent and not by the Building Diagnosis Centre.

Terms & Conditions

The Client or agent agrees to accept our time (and fee) estimations, including that unexpected and time-consuming activities occur when providing building and construction consultancy due to the many unknown factors especially as property and extent of the consultancy is unknown, and for full prompt progress payments upon tax invoice in the payment time specified.

In addition, agrees to accept and pay the costs for secondary consultants and any licensed builders mentioned above.

• Private and Commercial, Strata self-managed property Clients payment upon tax invoice.
• Managing strata agent, Solicitor agent and Government Clients are payment upon tax invoice within 14-days.
• Late Payment incurs a daily interest rate at 25.5% per annum after date of due tax invoice.
• Additional cost is a flat service fees of $50 each 30-days on unpaid accounts.

Our current indicative time schedule for the Services can change due to the nature of our specialised industry and construction generally where many intangible events occur.

Client’s Acceptance

The Client or their agent can either provide a written, faxed or email acceptance as being the preferred acceptance method prior to us commencing the consultancy. If acceptance is by phone, and once we commence the consultancy which may not necessarily be at the Client’s property, the Client has entered into an agreement for our consultancy.

Chartered forensic architecture, engineering, environmental
and building consultancy to our Consulting Service Advice

Important Notes; Regarding Our Consultancy & Fees

• If the Client accepts our offer via telephone, the Client would have entered into a contract with the Building Diagnosis Centre Pty Ltd, once we acknowledge the same by electronic written message. Note: if Client has a confidentiality agreement, please let us have it immediately for our signatories.

• Please visit our website for a comprehensive description of any technical service details. Our website is www.buildingdiagnosis.com.au.

• Although we endeavour to list all main components of the required consultancy, if we have accidentally omitted any required consultancy from the Consulting Service Advice, we will provide an estimate or a fee cost for the proposed / provided consultancy, at such time as when it is realised, as that cost would not have been factored in previous.

• Our consulting service is designed for the Client’s use, which may not contain sufficient information for others unless we are instructed to produce additional information to that given.

• When any estimated fees are given, we will be charging our fee rate of $220 per hour with GST for all time spent working on the project, including phone calls, e-mails and any other further consultancy and travel. We will record the time taken on our project cost timesheets, and any additional cost to our estimates, will form our tax invoice account billed on completion or by progress payments.

• Building Diagnosis Centre has not allowed for any fees and time to carry out physical destructive exploratory works. We do not provide this type of work. If necessary, we can recommend a suitable builder for the Client to engage and pay for their costs. We will brief and inspect these types of works when mentioned in our proposed services or where further instructed.

• During the consultancy services, should the Client via e-mail requests for renewed time estimates, we will attempt to estimate any further time necessary for that activity. However, we advise that the final cost of our consultancy service may not be determined until it is quite clear what the Client requires (or what is required), and what we find is necessary.

• Payment of BDC tax invoice for the proposed services and if variations occur, is one of the following methods of payment:

• As a deposit, and retainer the full tax invoice amount (in advance);
• COD (full tax invoice amount immediately on completing each stage of the consultancy payable by weekly amounts); or
• Full tax invoice amount within 7-days on completing each stage of the consultancy.

•  Certain conditions as follows apply for late payment/s for services rendered:

• Late payment/s incurs interest at bank overdraft rate of 9.5% or the higher rate should interest rates rise);
• A $50 service fee per month;
• Legal and other costs incurred to force payment/s;
• Providing at all times there is no legitimate dispute with the tax invoice and/or with the services provided, and provided BDC be notified within 7- days with the details of any legitimate dispute and thereafter kept informed.

• The most common constraints that we normally encounter, is being able to judge the length of required time to carry out our services - many unforeseeable events occur due to the nature of our specialised industry and projects. Thus, although giving considerable consideration to arrive at our expected cost and time frames, our time schedule for the proposed service is usually not fully predictable.

Due Diligence

Building Diagnosis Centre will provide due diligence to a reasonable level of its ability in providing the professional service. Our service is limited by the Consulting Service Advice and the availability of access to produce the service.

Travel and Access for Consulting Service  

Travelling includes from our office (and return trip) to the subject property, court and meetings.

Gaining proper building access to all areas - Client to provide access where applicable, throughout the property and especially if occupied and vacant.

Where physical destructive exploration access is required, to determine conditions beneath the surface, the work will be by a building contractor which is not in our consultancy. Client must provide this service and pay the building contractor's cost.

We can introduce to the Client a list of experienced independent licensed building contractors and instruct on behalf of the Client. This would include for the contractor to remove the required building fabric for our assessment of defects / conditions, and on completion of any work. They will reinstate or replace the removed part/s of the building fabric - at the Client’s expense.

Consulting Fees

Consulting Rate -

Our consultants fee rate per hour; as seen on the letterhead, is $220 with GST for all time spent on the project that includes travelling. When our out of house consultants are required for the assessment, their rates are also $220 with GST per hour.

Disbursements – where applicable are at actual cost (out of pocket expenses).

Remuneration -

Whether it is our fixed fee cost or our estimated fees, both are based on a time spent basis and remuneration is on our hourly fee rate $220 ($200 + 10% GST). At the point when we are clear of our involvement, we will provide our fixed fee and/or a combination of a fixed fee and an estimate cost whenever possible and/or when instructed by e-mail/fax/letter.

Time Estimates & Timesheets

• When estimates or when a fixed sum Consulting Service Advice is given, the hourly fee rate is used to calculate the tax invoice fees for the service.

• Estimated times for the consultancy may have been briefly discussed on the phone, at the property etc. We normally do not rely on time/costs estimates, as the nature and extent of our services are difficult to judge.

• According to our experience, if the service and time has been estimated, this is not an actual time/costs for our services. Estimates fluctuate from unforeseeable and time-consuming activities and events in facilitating the completion of the service satisfactory. Therefore, any additional time required for the service including travelling will continue unless the Client notifies us in writing/email advising to re-estimate the remaining time required.

• Our time estimates and variations for additional work are calculated using our hourly fee rate.

• Our service will cease immediately upon written/email notification of the Client informing us that the service should cease. We will respond with a tax invoice of all fees and disbursements incurred to that point, ready for prompt payment as per our terms and conditions. This includes work in progress and incomplete work.

• Disbursements if any when applicable, are at costs and additional to our hourly fee rate. This includes physical destructive exploration work, and for special photo copying especially colour, plan painting, taxi fares, parking station fees, plane fares and hiring of equipment particularly for climbing or for safe access.

• When external consultants and laboratory services are engaged, the Client agrees to accept and pay the tax invoice costs thereof provided by us if previously informed.

• Other then the nominated consultant for the assignment fees/ costs, any other specialists and laboratory testing is additional costs to our above mentioned fees and disbursements (if not previously notified), thus their tax invoices must be immediately reimbursed by the Client if we do not request fees in advance of providing the service.

• We provide a detailed invoice explaining the time spent and service description, as recorded on our tax invoice timesheets, and submitted as progress or final payment claims of the services rendered for payment.

Delays or Consultancy No Longer Required

• On receipt of our Client informing us in writing that our service is no longer required, all times, fees and disbursement costs, will be calculated and issued on our tax invoice for prompt payment immediately in the payment time specified.

• Disbursements if any include, hiring of equipment, external consultants (and builders if engaged by us), are at costs if we have not previously informed the Client of the cost.

• Other disbursements would include special photo coloured copying, plan printing, Client's large documents or files, taxi fares, parking station fees, plane fares.

Other Explanations and Requirements

1. Service and Consultant

We will provide the Consultant named in the Consulting Service Advice to provide the Service (the Consultant). If due to circumstances beyond our control, a Consultant becomes unavailable to perform the Service, our liability will be limited to using our reasonable endeavours to provide a suitably qualified replacement, and the Client should not unreasonable disapprove. If we are unable to do so, either party may terminate this Agreement.

2. Investigations & Reports

Visible Survey Investigation -

• Where applicable and if part of the Service, we will include measuring, taking samples, testing moisture levels in materials with an electronic moisture meter, and drilling holes in walls for the use of a forensic Borerscope (but not filling in the holes after completion). Usually the Consultant will take digital photographs that can be relied upon by the Consultant in preparation of the initial report or where applicable the final or draft reports.

• Our Consultant’s field work for the assessment of the Client’s property will rely on his experience and to reasonable industry standards, as per AS AS4349.0 and 1-2007(Building Inspections with amendments) and, where ladders are applicable as per AS 1675-1992 (Fixed platforms, walkways, stairways, and ladders).

• Restrictions of the Service will apply where access is unsuitable or unsafe for entry, whilst walls above 3.0m height without access, will be viewed from a distance or by binoculars.

• We cannot guarantee or warrant full observation inspection and investigation assessment, as we could be restricted by unforeseeable conditions encountered at the time of providing the Service. However, we will mention in our report/s if any of these conditions exist.

• On-site equipment where applicable, consists of a face mask, protective overalls, digital zoom lens auto focus camera, torch, measuring tape, screw driver, a 3.0m step-ladder, high powered binoculars, electronic moisture meter and forensic Borerscope. Where abseiling personnel and extension ladders are required, these can be arranged at the going rate, alternatively the Client can supply and pay the costs.

Reports –

• During the visible survey investigation where applicable and if part of the Service, the Consultant will provide comments, opinions and assumptions that will be later generated into an initial report or draft report. The report will state the observations, any tests that were carried out, the Consultant's findings and/or opinions/assumptions, make recommendations and further action where necessary.

• Recommendations for repairs, maintenance or rectifying any defects or faults discovered during the investigations, is an overview of what work is necessary not a specification or drawing; at this stage, unless mentioned in our Consulting Service Advice. The Service may include an estimate of the required building work, subject to a contractor providing a final tender.

• We prefer e-mail messages to phone calls, as they are readily saved in our Client's filing system for later reference.

• Reports are transmitted via e-mail PDF file, alternatively by fax. We prefer not to post, however if this is necessary, we will mail “black & white” hard copy reports, photographic evidence record reports and drawings. Awkward or large postage will have a surcharge costs for our labour.

• Where applicable, further investigations and reports may be required including evaluation of documents and/or building drawings and specifications, and to produce a photographic evidence record report. When this occurs, the Consultant will continue providing the Services.

• Further Services could include referrals to suitably qualified and experienced licensed building contractors to provide physical destructive exploration works, tenders, to evaluate the tender, prepare a building contract, provide project management - contract administration, and tribunal and court appearances.

2. Materials / Contractors supplied by the Client

• Client will promptly provide us with all information, rights, decisions, samples or other materials reasonably necessary for the performance of the Service (the Materials).
• Client will give us written notice of any matters affecting the safe, secure and appropriate transportation, use, storage and disposal of the Materials and the Client agree to pay storage, preservation, transportation and disposal costs in connection with the Materials. Upon completion of the Service at the Client’s request and cost we will return the Materials to the Client or will otherwise retain the Materials for a maximum period of 6 months from the date of the final invoice. We may destroy the Materials upon expiry of that period unless otherwise agreed in writing. We may also retain a copy of some or all of the Materials for our records provided that we comply with the confidentiality obligations set out in clause 5.
• Client acknowledge and agree that Materials may be used up, damaged or destroyed by usduring testing and that soma Materials cannot be preserved or stored. We will take reasonable steps to protect the Materials, if appropriate, but we are not responsible for the loss, theft or destruction of Materials.

3. Payments

• Unless otherwise stated in the Consulting Service Advice, the Client will pay to us the fees, expenses, charges and any other amounts at the rate or amount and in the manner specified in the Consulting Service Advice no longer than 14 days maximum of the date of tax invoice issued to the address shown in the documents, provided that there is no legitimate dispute with the tax invoice and/or our services. The Client agrees to pay all disbursements that includes where a contractor has carried out destructive physical exploration works that we requested or mention being required.
• Unless otherwise stated in the Consulting Service Advice, all amounts and rates are stated inclusive of GST. We will provide a tax Invoice.

• 4. We will charge interest on overdue payments at the rate nominated by us in the Consulting Service Advice, and may suspend performance of the Service and our other obligations until all overdue amounts are paid. If we incur any cost or expense in recovering monies owing to us by the Client (including legal, debt recovery agency and court costs) we will recover such costs and expenses as a debt from the Client.
• If we arrange for a court expert appointment as part of the Service, cancellation of that appointment by the Client or a person acting on the Client’s behalf will incur a cancellation fee payable by the Client.

4. Intellectual Property Rights

• We own all intellectual property rights created in the course of performing the Service (the IPR).
• On full payment of all amounts due under clause 3, the Client have a non­exclusive right to use the IPR in any report or other document provided by us as part of the Service (the Report) for the sole purpose for which the Client obtained the Service.

5. Confidential Information & Publicity

• Each party must maintain the secrecy and confidentiality of any information disclosed by the other party in the course of this Agreement that is not in the public domain, including information regarding the party's business or affairs and the Service (the Confidential Information) and uses the Confidential information only for the purpose for which it was provided.

• This clause will not prevent either party disclosing any Confidential information that is already In the public domain or as required by law, from using any Report for the purpose for which the Client obtained the Service, or us from disclosing the Confidential Information to the Consultant for the purpose of performing the Service or where the Consultant has a relevant association with Others (companies, firms or individuals), from disclosing to the others information relating to the Consultant's provision of the Service that will enable the others to monitor compliance with Its own human resources management policies.

• The Consultant, the Building Diagnosis Centre Pty Ltd may publish information relating to the Service in academic, scientific, technical publications and our website with the Client’s consent, which the Client must not withhold unreasonably.

• The Client must not use the name “Building Diagnosis Centre Pty Ltd” or the name of the Consultant, or any department, unit, employee or contractor of the entity in any promotional material without our prior written approval. The Client must ensure that the clients and customers comply with this requirement. BDC should not refuse any reasonable request by the Client.

6. Responsibilities

• Due to the nature of our work, the Client is liable for any loss of profits, loss of data, special, incidental, or consequential loss or damage arising when not complying with this Agreement.
• Client acknowledge and agree that where the Service involve research, development, expert opinion or testing, we may produce no results or conclusions, opinions or results that are unpredictable or which do not favour the Client. We make no promise, prediction or warranty concerning the conclusions, opinions or results.
• These Terms & Conditions include all statutory terms and conditions which by law may not be excluded. Client acknowledge that they have not relied on any representations not set out in this Agreement. Our sole liability under or arising out of or in connection with this Agreement, whether arising out of breach of contract, under statute, common law, tort (including negligence) or otherwise Is limited, at our option, to re­-supply of the Service or paying the cost of re-supply the Service.
• Client must indemnify us, our officers, employees, agents and contractors (including the Consultant) (those Indemnified) from andagainst all loss, damage, cost and expense (including legal costs on a solicitor/Client basis) suffered or incurred by those Indemnified as a result of any claim, action or proceedings taken by a third party against them arising from or in connection with the Report or the Service. The Client’s liability under this clause is reduced to the extent that our negligence contributed to the loss, damage, cost or expense suffered or incurred by those Indemnified.

7. Termination

• Either party may terminate the Agreement immediately by written notice if the other party commits a material breach of the Agreement which it fails to correct within 30 days of being notified of the breach, or if the other party becomes insolvent or enters into liquidation, receivership, becomes subject to any form of external administration, makes a composition / arrangement with its creditors generally, or takes advantage of any statute for relief of insolvent debtors.
• Client may terminate the Agreement or reduce the scope of the Service by written notice to us but the Client must pay all fees and expenses incurred by us in connection with the Service up to the date on which we receive the Client’s notice and all future unavoidable costs and expenses we will incur in relation to the Agreement

8. General

• This Agreement is formed by the Consulting Service Advice and any agreed amendments thereafter. It contains the parties' entire understanding concerning its subject matter, supersedes all prior communications (including orders and briefs) and cannot be amended or varied except in writing by the parties.
• To the extent of any inconsistency between Consulting Service Advice and these herein notice, the high value will prevail.
• This Agreement is governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of that State's Courts.
• The relationship between the parties is one of independent contractors and not one of employment, joint-venture or principal/agent.
• If Client has engaged us as an agent of another party (the Principal), ‘the Client' includes the party identified in the Consulting Service Advice as the 'Client' as well as the Principal and each will be liable jointly and severally.

OUR WEBSITE CONDITIONS

Limited Authorisation to Reproduce

Where not indicated otherwise, you may not reproduce any portion of the information available at this site for research or personal use without express prior permission and then only providing that no changes are made to any of the information at this site or any part of any copyright notice is removed. You may not download, republish or print a copy of information from this site for commercial or any other purposes without written authorisation.

Copyright & Trademarks

Copyright in the information available in this site is owned by Robert Ferrari. Trademarks used on this site to describe companies and their products are trade marks of those companies or the registered proprietor of the relevant trade mark and may not be copied, downloaded, reproduced, modified, or distributed in any way (except as an integral part of an authorised copy of material appearing at this site) without prior permission.

No Liability

In no event shall we or our employees, distributors or associates be liable to any person or individual for any loss or damage whatsoever which may arise from the use of this site or any of the information available at this site.

Links are not Endorsements

While links to and frames of this site are in some cases permitted, we reserve the right by notice to prevent linking or framing. Links and frames connecting this site with other sites are for reference only and we expressly denies any endorsement or approval of those other sites, their content or the people who run them.

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