What Evidence Do Building Contract Dispute Lawyers Need from Clients?

When you find yourself in a dispute involving a building contract, it will help to realise that a lawyer specialising in building contracts in Perth or any part of Australia will require some pieces of evidence to determine your case.

You may need the assistance of a building dispute lawyer in Perth, contract dispute resolution in Australia, or building dispute resolution in other parts of the globe, but since you have organised documents and evidence, your chances are much better. Building contract lawyers Perth will also seek such evidence when contracts are disputed.

The following are the types of property lawyers Perth usually require, their significance under the Australian laws, and a couple of suggestions on how to gather them.

1. Contract and Related Documentation

• Full signed contract: You are required to present the full building contract (or subcontract) with all the attachments, schedules, annexures and perhaps any building specifications or plans mentioned in the contract. Building dispute lawyers should be able to view what was agreed on, the scope, timelines, quality standards, and payment terms.
• Variations and change orders: All written amendments to the original scope, whether formal variation orders or simple agreed email/text amendments. These validate what was changed, by whom and whether such changes were ever formally accepted.
• Drawings, specifications, plans: Architectural plans, structural engineering drawings, materials specifications. In case of deviations between what was built and what was drawn, this will probably be at the centre of solving a dispute.

2. Evidence of Performance (What was Done) & Non-Performance

To show what both parties did (or failed to do), you’ll need:

• Progress and site reports: Site diaries, progress reports by builder, sub-contractor or project manager; records of inspection or certifications.
• Photographs and videos: Visual records at different stages, before work, during work, and after work. Photos showing defects, unfinished works or non-compliance are invaluable.
• Completion certificates/compliance certificates: Where work is intended to meet local building codes, local council approvals, or a governing building authority, any certificate that the work is compliant with those conditions is applicable.

3. Communication Records

• Emails, texts, letters: Any exchanges (including demand or notice letters) between you and either the builder or other parties. These could reveal what was agreed, what was understood, and whether deadlines or specifications were mentioned.
• Meeting notes/minutes: If meetings took place on-site or with project managers, architects, etc., meeting notes are worth keeping. What was said by whom, any agreements to modify, delays, problems highlighted.
• Contract notices: Most building contracts insist that one party formally notify the other in some circumstances (e.g. notice of defects, notice of variations, or delay). Property settlement lawyers Perth will require copies of notices you or the other party sent out, and evidence that they were received.

4. Payment History and Financial Records

• Invoices, receipts, estimates: All invoices dispatched by the builder, all receipts of payments you have made, cost estimates or quotations, particularly where they arise out of work that has had a dispute or variation.
• Bank statements or payment confirmation: Documents confirming that you paid (or have not paid) sums of money, and that the payment is in accordance with stages, milestones, or acceptable deliverables.
• Remedial cost: In case you have already had the professionals estimate the price to fix the defects or finish the works, then retrieve the quotes, cost breakdowns, and estimates.

5. Expert Report and Technical Assessment

• Professional inspections: Engineers, building surveillants, architects, or other qualified persons in the review of the work to find defects, lack of compliance with building codes, or incompetence.
• Written expert reports: These are expected to contain expert qualifications and experience, explicitly stated problems, connections with any building standards (e.g. Building Code of Australia), images, remedial solutions, and cost estimates.
• Witness statements: In case there were subcontractors or any other tradespeople or third parties who happened to see the work, then their statements can be of help.

6. Timeline and Delay Records

• Project timeline: Initial timeline (program), revisions, as-built schedule, milestones, delays, extensions of time.
• Records describing delays: Reasons (weather, supply problem, change orders, etc.), if these were notified to the other party in writing, and efforts made to prevent them.
• Correspondence regarding timeframes: Emails or letters in which delays or extensions were mentioned, notice provided, etc.

In conflicts, delay typically affects liability or damages, and the timeline must thus be clearly established to demonstrate cause and effect in Australian law.

Wrapping Up

When a building contract dispute arises, it is crucial to find and deliver the appropriate evidence. Building contract lawyers Perth will be interested in contracts, financials, expert reports, communication, timeline records, and evidence of loss.

Compelling legal advice building disputes in Perth and contract dispute resolution in Australia, requires effective documentation. Preparation can dramatically increase results, lower risk and cost in litigation.