Courts or the SAT
or just peace of mind
28 Building Awards
Registered Builder for 40 years
1000’s of projects successfully completed
You can not be charged a variation for material or labour increases on a fixed price contract (required by lending institutions) end of.
The Home Building Contracts Act 1991 Part 2 s. 14 clearly states “A builder must not enter into a cost plus contract with an owner for the performance of home building work unless the contract is in writing and the written contract has a heading at the beginning that includes the words COST PLUS CONTRACT.”
I have only ever worked for the Building Industry, Builders and Subbies, never clients vs builders.
As the issuing of BRO’s by the Building Commission are by ex-police officers based on reports by 3rd parties I can respond as an expert Chartered Builder. The BC regard builders as convicted prisoners on work release.
If the matter proceeds to the SAT you will be well prepared.
Any workmanship items get rid of or if they are unjust I will give evidence accordingly.
Site Managers as Experts
Site managers are responsible for all the trades on a project from earthworks to handover and beyond. They are there in the NW summers and the SW winters at 6.30 a.m. and until everyone has finished for the day. Everything that happens on site the site manager takes full responsibility for from conformity to the contract, a fair quality expectation of workmanship and health and safety of the workers.
The programming of the Gantt chart so the men and materials start and finish in the right order and the project is finished on time or better. This experience is not gained from an airconditioned office.
Sure, many administration people imagine they could have done better, but they didn’t they watched from their position of confort.
When you’ve personally supervised over a thousand projects, won 28 Building Excellence Awards and judged hundreds of projects for the Homes of the Year you know what is a fair quality standard of workmanship.
The level of perfection expected when a dispute arises is not possible in the real world just a misconception of the written word.
Reality speaks louder than words.
AIB Members, regardless of grade, must at all times:
act in accordance with the guiding principles;
act fairly and honestly in all dealings;
undertake professional practice in a responsible, careful and diligent manner at all times;
always uphold the integrity and status of the Institute, its members and the profession of Building;
not disclose any confidential information acquired in the course of professional practice unless required to do so by law;
act faithfully as an agent of their client or employer and disclose any potential conflict of interest that may arise;
respect the privileges, rights and reputation of other members;
only make public statements, express opinions or give evidence based on adequate knowledge; and continue to develop relevant knowledge, skills and expertise throughout their career.
Cost of an expert
As in building, it doesn’t cost anymore to do the job right the 1st time.
An extract from the SAT’s guide:
Expert’s duties to the Tribunal
The Tribunal’s rules state that an expert at a hearing before the Tribunal, including a mediation, a compulsory conference and a final hearing, or at a conferral of experts directed by the Tribunal has the following paramount duties to the Tribunal:
(a) to be impartial and independent;
(b) to assist the Tribunal; and
(c) not to be an advocate for the party that has engaged them.
It is fundamental that experts giving evidence in the Tribunal appreciate,acknowledge and comply with their duties to the Tribunal.
With the right Building Expert, you won’t lose time or money.
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