Forensics in Construction
As forensic construction experts and an investigator, we follow specific elements and skills gained over a 50-year years in residential construction.
Our 'communication ability' is firstly based on initialising the 5 elements of Contract Law and, secondly, Consumer Law.
By issuing a contract/booking form based on the INSTRUCTIONS we received, with our OFFER included, awaiting the client's approval by way of VALUABLE CONSIDERATION & ACCEPTANCE, where the client considers and then accepts the value of your pending services and finally signs off by way of ACKNOWLEDGEMENT to your terms and conditions as having been read and understood.
If a dispute evolves, following these five highlighted elements eliminates an argument formed from the contract. EG: If a misunderstanding were to commence, we would say, "What is it now you no longer understand that you did at the time of your acknowledgement?"
This immediately defuses the current situation and brings the client to a level of understanding as the service you were providing also meets a client's expectations under consumer law.
Under challenging circumstances, we would use our 'collaboration skills to deal with specific builders, trades involved or Structural Engineers to resolve issues outside our areas of expertise.
We 'analyse' crucial parts of the National Construction Code, NCC, and its referenced Australian Standards when determining alleged defects to gather evidence for courts and tribunals in legal proceedings.
We have and use 'resilience' when it comes to sensitive situations with client's and builders' attitudes.
Our time is 'flexible' to suit client's needs when we are to inspect sites or live on the premises.
At times, our way of 'critical thinking' is utilised to examine specific docs like contracts, plans, tenders, and specifications to determine alleged defects.
In the event there are no documents, then legal matters should not be entered into based on hearsay events, as it will end up being a waste of time and costs for both parties.
Due to being specific 'detail oriented' and having 'property solving abilities', we use our aptitude and critical thinking to define a defect.
Many alleged defects evolve from reading rubbish on Google or social media.
Proof is needed before we investigate further because a defect starts with a breach of the building contract.
The 'onus of proof' is required always in all ways in all legal proceedings regardless of being an applicant/plaintiff or a respondent/defendant.
I hope this now gives you, the reader, an understanding of what a forensic construction expert does.