Workmanship disputes are a common source of tension in construction, often involving builders, property owners, insurers, and other stakeholders. Cracking walls, uneven flooring, water ingress, and structural instability can all raise questions about whether a defect is due to poor workmanship, material failure, or external factors.
To determine liability and resolve disputes, a clear, evidence-based structural assessment is essential. Independent structural assessments provide an unbiased, technical analysis to establish causation, compliance, and rectification requirements.
The role of structural assessments
1. Establishing whether a defect is workmanship-related
A lot of structural issues only become apparent months or even years after construction, making it difficult to pinpoint the cause. A structural assessment helps determine whether a defect is:
- A result of poor workmanship (e.g., incorrect installation, non-compliance with codes, or cutting corners)
- Due to material failure (e.g., defective concrete, timber warping from moisture)
- Caused by external factors (e.g., soil movement, weather events, or natural building deterioration).
By thoroughly investigating the defect’s nature, extent, and underlying cause, a structural assessment distinguishes between workmanship-related faults and natural wear and tear—ensuring clarity on liability and next steps.
2. Verifying compliance with building standards
All construction must adhere to strict regulatory requirements, including:
- National Construction Code (NCC) and Building Codes of Australia (BCA)
- Australian Standards for materials and construction techniques
- Manufacturer guidelines for product installation (e.g., waterproofing membranes, structural steel, cladding systems).
A structural assessment evaluates workmanship against these standards. If a builder has failed to follow proper construction techniques, used non-compliant materials, or installed components incorrectly, these issues can be objectively documented—providing valuable evidence in disputes, insurance claims, or legal proceedings.
3. Supporting insurance and legal claims
Workmanship disputes often lead to insurance claims or legal action, particularly when costly structural repairs are involved. Insurers, lawyers, and property owners rely on structural assessments to:
- Verify whether an insurance claim is valid (was the defect caused by insured damage, or was it pre-existing?)
- Support contract disputes and warranty claims with technical evidence
- Provide expert testimony in tribunal or court proceedings (e.g., NCAT, QCAT, VCAT hearings).
When disagreements arise over responsibility, an independent, engineering-based report can cut through conflicting opinions—helping all parties focus on the facts.
4. Identifying the correct rectification approach
Once a defect is confirmed as a workmanship issue, the next challenge is determining the most effective solution. A structural assessment outlines:
- The scope of remedial work required
- Whether partial or full replacement is necessary
- Estimated costs and timeframes for repairs.
This prevents prolonged disputes over the extent of required repairs, ensuring the rectification process is thorough and fit for purpose rather than just a temporary fix.
5. Facilitating dispute resolution without litigation
Many workmanship disputes can be settled without resorting to legal action—provided both parties have access to an impartial, fact-based structural assessment. These reports help:
- Facilitate mediation or alternative dispute resolution (ADR)
- Enable property owners and builders to agree on rectification plans
- Provide insurers with a clear basis for claim decisions, preventing prolonged disputes.
By removing emotion and subjectivity from the process, a neutral technical assessment often leads to a more practical, fact-based resolution.
Structural assessments reveal the truth
Structural assessments in dispute cases reveal defects, compliance issues, and the quality of workmanship. They distinguish between event-related damage and pre-existing construction faults, ensuring accountability. By assessing compliance with building codes and providing forensic insights, these reports support legal and insurance claims while guiding necessary rectifications.
At Morse Building Consultancy, we provide independent, evidence-based structural assessments. We support our clients with:
- Independent structural assessments
- Compliance assessments
- Site investigations and forensic analysis
- Expert witness services
- Scope of works and rectification recommendations
- Supporting insurance and legal claims
Our team of licensed engineers and building consultants ensures you receive a comprehensive, professional assessment to support informed decision-making in workmanship disputes.
Contact us today.