Tuesday, 11 September 2007

[Tips.016] How to record issues about your construction, in case you need to bring your builder to court

Thanks to stonecutter1309 from homeone.com.au forum, we have this information about how to record any issues/problems regarding your construction work, in case you need to bring your builder to court...

Hope all our construction works goes on smoothly and never need to take legal action against our builders. But sometimes we just need to be prepared, just in case things get out of control. Details below:

I received this piece of advice in terms of documentation from a friend who has taken a number of builders to court and always come out ahead of the builder. The best way to record any issues are as follows.

1. Take a regular exercise book - stapled in the middle (spiral notebooks are no good - pages could be removed - the book needs to appear complete and tamper-free)
2. Record the date and time of each issue in detail.
3. On the very next line - sign your name and date.
4. On the very next line, use a pen & ruler to draw a line across the page

The idea is not to leave any lines blank - as a judge or mediator may see blank lines in previous entries as a method you may use for manipulation at a later date. (that is, adding extra entries, more details etc)

However, if you fill every single line with writing, date/signature or the line ruled at the end of the issue - then the person reading the book is more likely to think that your records are a complete take on the situation.

I'd also require a "read receipt" on every email you send - and keep copies of the receipts as proof the builder did receive the information you sent them (sort of like registered post)

No comments: