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Back in the Pocket

Tuesday, 22nd December 2015

We have acted in hundreds of building defects claims and a fairly consistent problem we encounter causing many legitimate out of pocket repairs unable to be claimed is the lack of records and/or the lack of details in records.

Whoever is involved in the management of a scheme, whether it be the strata manager or building manager can take some basic steps to significantly improve the scheme’s ability to claim these out of pocket expenses, such as:

  • Where practical liaise with the scheme’s representative to see if there is something peculiar that needs special attention, such as, load bearing or systematic issues;
  • Ensure that there is a report or comment from someone suitably experienced to explain what is wrong and how to fix it;
  • Ideally, someone should have a high resolution colour photo, with the relevant date shown on the photo, showing the problem;
  • Ensure that there is a written quote and preferably more than 2, which identifies the scope of works that is being offered, which matches the suitably qualified persons report or comment above;
  • If the work is not an emergency, liaise with the legal representative managing the building defects claim to see if the works should be offered to the person(s) responsible before undertaking the works;
  • If the works are undertaken ensure the invoice relates back to the particular quote; and
  • Compile all of the items in a sub-folder for easy access.

***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.

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