We as an Owners Corp employed Branko to do a building Inspection of 7 units and basement.I was told when I called the report could be used in VCAT and they gave advice on VCAT issues. The inspection was ad-hoc, but the worst part was after receiving the report we sent it to the solicitors to lodge an Insurance claim to be told;
1 The defects are not properly particularised.
2 The report does not identify common property and individual units.
3 Expert evidence was expressly excluded from the report.
4 It is not in VCAT format
and we would have to get the report re-done by someone that did work that complied. When I contacted him about this he said he advised people to try and settle out of court, contrary to their assertions when phoned.In this inspection he asked the owner what are the problems, if you said you weren't aware of any he personally did not conduct an inspection. If you need to lodge an insurance claim it has to be written in the above format.
Approximate cost: $2,600
You were quoted for building defect report, not expert witness report and not VCAT report. Our quote did not state it was VCAT compliant report
The report clearly stated
"Building Expert Report
This Building Expert Report is not Expert Witness Report in VCAT-PN2 Format and is not suitable for VCAT proceedings
(You must read disclaimers on page 2 and particularly understand residual risk before relying on this report)
You got the report and read it then said:
"Hi Team,
Just a couple of things regarding my place and basement:
Main bedroom : water coming in under window as in bedroom 2 Branko took a photo of it, and the ceiling has NO insulation at all, photo also taken with that instrument Branko has. Photo in report is bedroom 2 and only a couple of pieces of insulation missing.
Basement:
I am including photo but Branko took photo of wall also where concrete is joined and there is stuff oozing out Branko thought maybe membrane has not been taken to bottom of wall., apart from that I am happy with report of course Fionna will have to sign off.
Would you be able to include those two things in report.
You then paid for the report
You cannot say you are happy with the report knowing it is not VCAT report, pay for it then complain it is not VCAT report