One of the most challenging aspects of a construction damage claim is proving causation, that is, demonstrating that the construction activity specifically caused the damage to your property. This guide explains how to build a compelling case.
The Burden of Proof
In most construction damage disputes, the property owner bears the burden of proving that the builder’s activities caused the damage. This requires demonstrating that the damage did not exist before construction and that no other cause is responsible. We connect you with forensic building assessors who can help establish causation.
Building Your Evidence
- Pre-construction dilapidation report showing baseline conditions
- Post-construction report documenting new damage
- Timeline correlation between construction activities and damage appearance
- Vibration monitoring data showing excessive vibration events
- Engineering opinion linking the type of damage to the construction method
- Witness statements from occupants describing when damage appeared
Common Defences by Builders
Builders may argue that damage was pre-existing, caused by natural factors, or attributable to poor maintenance. A thorough pre-construction dilapidation report counters these defences by clearly documenting conditions before construction began. Read case studies in our dispute resolution articles.
How This Relates to Your Property
The strength of your causation argument depends directly on the quality of your pre-construction documentation. Investing in a comprehensive dilapidation report before construction begins is the most important step you can take. Use our contact form to discuss your situation. Estimate costs with our cost calculator.
Get Professional Advice
If you need a dilapidation report in Melbourne, get a free quote today. We connect you with qualified building surveyors and structural engineers. Visit our about page for more information.