Builder/Developer >> Building Disputes
Avoidance and Mitigation
Need help with a building dispute?
We can bring clarity to the dispute and improve your options for successful resolution.
Building Design and Construction is progressively becoming more complex. Buildings are now more than ever a unique assembly of design details, materials and equipment, constructed by greater numbers of more specialised trades to be operated and maintained within more stringently defined parameters. Designers are more often using new design details and materials to satisfy more demanding briefs. Materials and equipment are manufactured by a greater and more diverse number of manufacturers all over the world.
Construction trades are now more specialised to meet the requirements of demanding designs and so there are more trades and more trade interfaces. Operators and maintainers require a greater knowledge and understanding of their obligations through comprehensive O & M and As Built Documentation, and a greater expertise to be able to implement their obligations effectively.As buildings have become more complex and the process of design and construction has become more diverse, building risks have increased. In order to control these risks, all interfaces between the parties must be carefully managed and all obligations must be strictly monitored, adhered to and enforced.
Disputes Issues and Consequences
In these circumstances of building requirements are more complex and risky, it is common that during construction handover and commencement of Building occupancy and operations, and throughout the life of a building, that disputes occur. These disputes may be over issues including one or more of the following:
- building design deficiencies i.e. the building design doesn’t meet the anticipated brief;
- construction defects;
- post commissioning problems that weren’t identified during commissioning, approvals and certification processes;
- errors and omissions in O & M instructions;
- Errors and omissions in As built drawings and specifications;
- Failure to issue binding warrantees or gaps in warrantees;
- gaps in training and experience of operators;
- failure to manage the building operation in accordance with the O & M Manuals requirements;
- Safety Measures, as defined in the WA Building Regulations, may not be implemented;
- Requirements for building usage may have changed from the design brief.
These issues may result in breaches of WA Building Regulations, health and safety issues in operations and maintenance, breaches of builder and manufacturer warrantee obligations, inefficient and unsustainable building operations and maintenance, loss of building functionality and unnecessary wear and susceptibility to damage of building elements.
The Building Owner, Developer, Authorities, Designers, and Building Contractor and Subcontractors, and the building operators and maintainers all have important statutory and contractual obligations in regard to a building.
How we can help you to get a fair outcome
Cornerstone Construction Consultants provides management services to assist owners, designers, builders and subcontractors, operators, maintainers, lessees and tenants in managing their contractual interfaces and obligations to reach a satisfactory outcome, through:
- clarifying the applicable stakeholder obligations in regard to regulatory and authorities requirements, contracts, and technical compliance;
- identifying and reviewing the current status of activities versus obligations;
- Preparation of management reports including recommendations in regard to design, construction, documentation, operations and maintenance;
- Acting on behalf of our Client stakeholder to address issues including development of technical and operational solutions;
- Management of negotiation and mediation processes;
- Acting on behalf of the stakeholder to manage the implementation of solutions;
- Providing expert witness and engineering reports suitable for use in disputes;
- Management of Builders Liability Claims through the Contract, or the WA Building Commission or the WA State Administrative tribunal.
Other Support Services for Builder/Developer
Is your building healthy, safe and environmentally compliant? Are you satisfied with your building services performance and operational availability, cost of operations and maintenance and long term asset integrity?
We assist you in operating and maintaining your building in compliance with statutory, technical and contractual requirements to ensure health, safety and efficiency in building operations and maintenance activities, maintenance of stakeholder liabilities, including builder and warrantor liabilities, and support with claims management.
In recent years there have been a number of high profile cases that have tested the builder’s liability for defects.
In this case, the owner ( or their representative) is responsible to identify and notify the builder of a defect. So it is important that those hidden issues are identified before it is too late – before the builder’s liability is extinguished or a major failure.
Cornerstone Construction Consultants provides a range of Defect Management services, from a single issue service, to a comprehensive management process
Transition to Operations and Maintenance
Aren’t sure how to transition from construction to operations and maintenance? Aren’t clear on your obligations or those of your builder, operators and maintainers? Let us help you ensure regulatory compliance, maintain builder, operator and maintainer liabilities and maximise the performance of your building.
We will assist you in the transition from construction to operations and maintenance to ensure compliance with statutory, technical, contractual and others requirements.