Do you have concerns about your client’s intentions? Maybe a credit check you undertook prior to the contract signing wasn’t followed up sufficiently, the contract was signed but now there are warning signs like a reluctance to pay a progress claim. I offer expert support and advocacy for building contractors.
I can attend site at each of these milestones and provide an inspection of the works. I’ll also express an opinion that the progress payment requested under the contract is due and payable. (if correct) In addition, I may make recommendations to you or your supervisor in private. Think of us as your safety net, ensuring that your project stays on track and that you are protected throughout the process if things go awry.
The Role of a Building Expert Witness
Engaging a building expert witness for litigation is not just prudent; it’s imperative. When a dispute escalates to the courtroom or tribunal, facts alone may not suffice. Courts often grapple with inconclusive evidence, while tribunals, though more flexible, can be influenced by biases.
Herein lies the crucial role of an expert witness. Unaffiliated with either party, they offer an unbiased assessment of the work and clarify technical jargon in contracts, codes, and policies. They serve as a beacon of clarity, making complex technicalities comprehensible.
Moreover, an expert witness doesn’t stop at mere evaluation. They provide an actionable roadmap, outlining potential remedies for alleged defects and estimating associated costs. This invaluable insight empowers you with a clear, actionable strategy.
Much like an architect prioritizes the project’s success, even if it incidentally favors the client, an expert witness is driven by a commitment to impartiality. Their primary allegiance is to the integrity of the case, ensuring a fair evaluation of the facts.
In a litigation landscape where clarity is often elusive, a building expert witness is your beacon of truth and reason. Their expertise is the linchpin in securing a just resolution, arming you with the knowledge and strategy needed to prevail. Don’t navigate the legal battlefield without this indispensable ally by your side.
The District Court of Western Australia was established as a court of record, with criminal and civil jurisdiction, to provide a flexible framework to accommodate the needs of Western Australia in the administration of justice.
In 1971 civil trials were temporarily held in the Public Trust building behind St George’s Cathedral, although criminal trials continued to be heard in the Supreme Court. From April 1982 the District Court was relocated to the Central Law Courts at 30 St George’s Terrace allowing both criminal and civil cases to be heard in the one building.
In 1999, due to continued growth in the Court’s caseload, the District Court took possession of four additional criminal courtrooms created in the May Holman Centre adjacent to the Central Law Courts. The District Court was based in Central Law Courts and the May Holman Centre until relocating to its current, purpose-built CBD headquarters at 500 Hay Street, Perth.
Prepare yourself for the stories you will hear in court, with both sides often prone to exaggeration, providing descriptions that challenge the imagination, let alone seem plausible.
In a courtroom, a builder may encounter unique challenges, like anecdotal evidence from a project I once undertook in Nedlands. In this case, a homeowner disputed the Stucco finish from the 1930s. The matter was brought before the Building Disputes Tribunal, underscoring the significance of precise language, such as ‘similar to existing,’ to prevent misunderstandings. This case even delved into the fascinating detail of a right-handed craftsman from the past compared to a left-handed plasterer of today.
The State Administrative Tribunal of Western Australia (SAT) states its objectives as aiming for fair, efficient, and cost-effective resolution of administrative matters. However, in practice, there can be discrepancies between these goals and the actual experience of parties involved.
While the SAT aspires to resolve questions, complaints, and disputes, achieving a truly fair outcome can be elusive. There may be instances where procedural complexities and formalities impede the efficient handling of cases. The aspiration for speed and simplicity might not always align with the intricate nature of some matters, potentially leading to a prolonged and frustrating process for parties.
Moreover, the objective of minimizing costs for all parties can be challenging to achieve in practice. Legal fees, administrative expenses, and associated costs can still be substantial, particularly for individuals or small entities. This financial burden can be exacerbated by delays in proceedings, further straining the resources of those involved.
Despite the SAT’s aim to utilize the knowledge and experience of its members, there may be instances where expertise is not effectively harnessed. Variability in decision quality and depth of analysis could be a concern, potentially impacting the overall credibility and consistency of outcomes.
A fair and independant view of the current system can be viewed here:
For an expert present at the job click here