Building disputes occur more often than anyone would like to admit.
They can be long, tedious, expensive and all-consuming. Avoiding escalation to court should be sought wherever possible and mediation should be the intention where amicable agreement is unattainable.
Understanding evidence and its importance cannot be stressed enough. Evidence can be anything that proves your claim in court under the standards of Australian law. This stands true for building disputes.
In building disputes, the burden of proof is the starting point, and each party involved should be aware of it. For example, if your tenant hasn’t paid you rent for 3 months, you must have evidence proving that you’re entitled to the 3 months’ rent in order to make a claim.
An independent expert witness is essential in supporting building disputes or insurance claims and an independent report is the primary requirement prior to a case being heard. It can be any kind of expert witness, report, or affidavit (a written statement confirmed by oath or affirmation, for use as evidence in court). The case is built by referring to workmanship / materials deficiencies in meeting the building code or national Standards and Tolerances.
Expert witness, what does it mean?
Upon reaching a non consensual solution, the involved parties of a building dispute are advised to engage an expert witness, and to obtain an independent building report supporting their claim with reference to the relevant BCA.
How can expert evidence assist in resolving a claim?
- The expert witness can and should become the most reliable source based on his experience and qualifications.
- He / she provides an unbiased opinion based on experience, building codes and Standards and Tolerances.
- An expert report can support the evidence with photographs, cause and effect and recommended remediation.
- They should assist in obtaining a binding solution to the dispute.
What to look for in your expert witness?
This is a very important decision because the case will be dependent on the evidence presented and this can depend entirely on the selected building expert and his skills.
Here is a list of must-haves when selecting an expert witness:
- Strong knowledge of the BCA (Building Code of Australia) and Standards and Tolerances.
- Experienced and qualified in building and pest inspection Perth disputes. Qualified means a Registered Builder, Architect, Engineer etc.
- They should have sound knowledge of construction methods, building materials, and relevant building code updates.
- They should have efficient communicative and defensive skills to portray the case according to the industry standards using industry acknowledged references.
If you find yourself in the unfortunate circumstance where a Builder / Developer has not met their contractual obligations, BCI WA can assist you in finding a qualified expert witness that can assist you with your pre-purchase building inspection Perth dispute. If we are unable to assist you, we can recommend industry professionals that may be able to assist you in resolving your claim smoother and faster. At BCI WA, we ensure you receive high quality and professional building inspections in Perth so you can buy or build your dream home with complete confidence. For a better understanding of our building inspection services, please contact one of our friendly team members. Alternatively, you can get an instant quote here. We recommend that you read our recent article on 6 reasons why you should not carry out a building inspection by yourself. You can read this here.
