Why choose Besafe Property Inspections for your Litigation or Defects Report?

If you are an owner or a builder and think you have a problem with your contract you probably do have one!

It is important to correctly document your position and record the facts especially if work is progressing, or defects may get “built in”. Don’t put it off thinking the problem will go away. So be careful – you should also be prepared that if your matter cannot be settled that you may end up in court or in the Tribunal and your case will hinge on the quality and thoroughness of your records and reports.

Do they have experience in Court?

When choosing a consultant you should consider their qualifications or Curriculum Vitae and their expertise. Also, if possible, when speaking to them try to assess what they would be like when giving evidence to the Court or the Tribunal in the Witness Box, or what they would be like negotiating on your behalf with the other side’s expert. To change consultant’s part way through is a costly matter. Be wise and choose correctly at the beginning.

You need credibility and professionalism on your side

An initial strong comprehensive report will often frighten your opponent and give you a tactical advantage, especially if you are in the right. If nothing else, it will let them know how strong your case is.

The price trap

A low cost report = a cheap report = lack of depth and thoroughness. You will get what you pay for! or What you are not prepared to pay for!  Look for quality, professionalism and thoroughness 

What you need to consider before you hire a consultant

In a defects or litigation report the following issues should be considered when choosing a consultant: 

  • Will all defects be correctly and thoroughly scheduled and referenced?
  • All defects should be referenced to the Building Code of Australia and the relevant Australian Standards
  • Are copies of the Code or Standard referred in the report based on fact or fiction?
  • Are defects photographed and cross referenced to the actual defect and description in the report?
  • Is the consultant qualified, experienced enough or able to produce Bills of Quantities or accurate cost assessments that will be accepted by the Court or Tribunal and respected by the opposing side’s consultant or legal person?
  • Is the consultant recognised as an Expert Witness by the Court or Tribunal?
  • Is the consultant recognised or accredited by the leading consultants’ bodies?

Always remember the person who puts in the work is likely to be successful. The fact that you may think you are in the right, will not win you the case. You have to prove your case. At Besafe Property Inspections we are very aware of these facts and do not write fiction.