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Negotiating Solutions

Cavity wall drainage

When building disputes occur they can be very stressful, time consuming and very expensive to resolve within the court system.  Most disputes arise because people do not understand the responsibilities a building contract places on the part of the home owner and on the part of the builder.  Often misunderstandings involving building costs, quality of work, variations or changes to the work, time periods to completion and the work that will actually be performed are all common disputes.

This service extends to providing practical expert advice on preventing or resolving problems between you and your builder or tradesman such as communication breakdown, disagreement about variations to the original contract or problems with workmanship, to name a few.

Often by engaging an independent expert the problem can be diffused or resolved, avoiding costly delays, added friction or changing the whole tone of the working relationship.

K R Le Compte & Associates is an experienced building consultant and will visit the site to learn about the problems, then initiate a solution.  Your contract drawings and specifications will be reviewed so that an expert and impartial opinion can be formed as the basis of resolving the problem.

No matter how competent or responsible a builder and client are, some disputes cannot be avoided during a building project.  Resolving contractual disputes through methods such as litigation and arbitration can be time consuming and costly and in some instances, the cost of resolving disputes has exceeded the total value of the original contract.  Therefore alternative forms of dispute resolution that are less time consuming and less expensive are gaining increasing prominence in today's building and construction industry.

In order to reduce the probability of expensive and time-consuming procedures, professional advice should be sought at the earliest sign of any potential conflict between the contracted parties.  K R Le Compte & Associates are experts in Dispute Resolution and offer a range of services from facilitating and negotiation through to preparing expert reports and giving expert witness evidence in court if needed.

Advice on what is a defect

A building defect is an imperfection to a building that causes the property that has a defect, to fall short of perfection.  This could involve areas of non-compliance with the BCA (Building Code of Australia), various Australian standards and published acceptable tolerances and standards including manufacturer's requirements.

Defects can also be work that is in breach of a contract by failing to maintain a specified standard or quality or is in breach of any implied warranty.  The nature and type of defects can vary dramatically as can the point at which they become apparent.  At one end of the scale there are minor defects which can easily be corrected while at the other end of the scale and more extreme, significant defects may occur long after the original work has been completed.  This may require more extensive remedial works to fix.

Defects can arise because the work was not carried out in a good and workmanlike manner and in accordance with good building practice or a particular design or the wrong materials having been used.

Faulty flashings

Water ingress

 

Expert Witness

KR Le Compte & Associates provide Expert Witness and litigation support for building disputes between owners and builders for reports where poor workmanship or defective work has been carried out for matters that may need to go before the courts and NSW Civil & Adminstrative Tribunal (NCAT) which may be claimed against the builder.

Support is also provided for builders who may have problems with an owner making claims against the builder where a dispute has not been able to be settled.

In all of these matters it is the aim of the building consultant to try to settle the claims between the parties of their dispute so as to avoid any litigation involving court action to try to minimise costs.

 

About Us

KR Le Compte & Associates Building Consultants is an independent building consulting business and was established in 1988.  They carry out all types of building inspections on houses, home units, townhouses, apartment complexes, light industrial and commercial buildings, old and new and have a wide and extensive range of expertise and experience in the building industry spanning over 50 years.

We service the following areas: Balgowlah, Seaforth, Manly, Metropolitan Sydney, Northern Beaches, North Shore and Lower North Shore.

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Contact Us

PO Box 971,

BALGOWLAH, NSW 2093

02 9948 7039

0408 244 155

krlecompteass@optusnet.com.au

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