Building Dispute Evidence Checklist for Legal Advice

Reconstruct the Agreed Work and Variations

Gather the signed contract, specifications, plans, progress schedule and any variations. Keep different versions clearly labelled. For each disputed item, record where the work appears in the contract or subsequent agreement and which document supports your understanding. Tell the lawyer if an agreement was oral or a requested change was never formally documented.

Prepare a payment list showing dates, amounts, invoices and what each payment related to. Add any disputed payment request or notice in full. Ask for advice before taking a step such as stopping payment or ending the contract; the evidence checklist does not establish that either step is available or appropriate.

Create a Defect and Delay Evidence Index

Give each issue a short label and location: for example, water entering at a specified window after rainfall. Link dated photographs and communications to that entry. Preserve original files and take care not to imply that an edited image shows more than it does. Describe what you observed and when, rather than presenting an unqualified technical diagnosis.

For delay concerns, record the expected milestone, communications about changes and the actual position. Explain any access, supply or variation issue without deciding who is legally responsible. Ask whether independent expert assessment is needed, who should instruct it and what questions the expert would address before purchasing a report.

Record Attempts to Resolve the Building Problem

Keep notices, emails, meeting notes and the contractor's response together. Distinguish a request to inspect from a proposed repair or settlement. Record relevant appointments and what happened without using the chronology to add assumptions. Include regulator, insurer or tribunal correspondence if a formal pathway has already begun.

NSW Government guidance identifies steps for raising building concerns and seeking dispute assistance. That is a NSW pathway, not a universal procedure. Ask the adviser about the relevant jurisdiction, any required preliminary steps and time limits. Do not allow an informal negotiation to distract from checking a formal deadline.

Price Legal Advice and Technical Evidence Separately

Ask for a first-stage review of the contract, chronology and issue index. State whether you want advice on a response, negotiations or an existing proceeding. A firm can then identify what it needs before estimating further work. Expert inspection, technical reporting, drafting and representation should be distinguished in the proposed budget.

Discuss practical outcomes as well as disputed amounts: inspection, access for repairs, a payment arrangement or another resolution may require different work. Ask what evidence is still missing and who will obtain it. Keep safety concerns separate and seek the appropriate urgent assistance where a building condition poses an immediate risk.

The decision desk · practical workbook

Build an issue register that a lawyer and expert can follow

Give each issue a stable reference so photographs, contract documents and correspondence tell the same story. The register records observations and competing explanations. It does not establish a building defect, responsibility or the correct remedy.

Use these prompts in your private preparation notes. On a narrow screen, scroll the table sideways to read every column.

Preparation mistakes to avoid

When the situation is less straightforward