Legal jargon can be confusing, complicated, and complex. Especially when it comes to matters of Building & Construction Law. For example, if you're a property developer you may have heard of the term Scott Schedule. New South Lawyers’ Associate Lee Hooks explains what is a Scott Schedule. And why you actually need one anyway.

What is a Scott Schedule?

Despite its name, a Scott Schedule is actually a document commonly utilised in the resolution of building defect matters. It compiles the parties' evidence and estimated costs for labour and materials in relation to building defects, incomplete works, or contract variations. It typically encompasses technical or complex issues.  Building and/or engineering expert are generally responsible for the preparation.  Building & Construction Law frequently mandates the preparation of a Scott Schedule as part of the evidentiary preparation in various tribunals. For example, NCAT, the District Court, or the Supreme Court.

Why do you even need a Scott Schedule?

Ultimately, a Scott Schedule provides a unified document which encapsulates all competing claims. This allows for a clear and concise overview of the situation, simplifying the resolution process and ensuring that all parties have a clear understanding of the issues at hand.  Therefore, a Scott Schedule clarifies areas of agreement or disagreement between the parties. By presenting the evidence and cost projections in a structured manner, both parties can better understand each other's positions. And identify any areas where they do or do not agree. As a result, this helps to streamline the resolution process and avoid misunderstandings. It certainly assists in limiting the scope of a dispute which ultimately saves time and money.

How does a Scott Schedule fit into the hearing process?

Should your matter progress to a hearing, a Scott Schedule mitigates confusion by clearly presenting the claims and the associated repair costs of each party. Additionally, it provides a structural tool that limits the risk of misunderstandings or confusion.  Finally, a Scott Schedule increases the possibility of reaching a settlement. It provides a clear and comprehensive overview of the claimed defects and the associated costs. This allows both parties to understand the issues at hand and potentially come to an agreement. Negotiation, in an attempt to reach resolution, is an important step throughout the litigation process. Essentially, it saves time, headaches, and most importantly, money.  Utilising a Scott Schedule in your matter can greatly benefit you and all parties involved. Therefore, if you are facing building defect issues, or conversely, if a homeowner has made a claim against you, consider engaging an expert and using a Scott Schedule to streamline the resolution process and ensure a clear and concise understanding of the situation.

New South Lawyers’ communications are intended to provide commentary and general information. To that end, they should not be relied upon as legal advice. Accordingly, formal legal advice should be sought on matters of interest arising from this communication.

To find out more, chat with a member of New South Lawyers' Building & Construction Law Team today.