Service Agreement

# Terms and Conditions

## Awesim Building Consultants

**Last updated:** June 2026

These Terms and Conditions apply to all services provided by **Awesim Pty Ltd trading as Awesim Building Consultants** (“Awesim”, “we”, “our” or “us”) to the client named in the relevant fee proposal, service agreement, engagement form, letter of instruction, quotation or invoice (“Client”, “you” or “your”).

By accepting our fee proposal, signing or submitting an online service agreement, paying a deposit or retainer, instructing us to commence work, or otherwise using our services, you agree to be bound by these Terms and Conditions.

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## 1. Our Services

Awesim provides independent building consultancy services, including but not limited to:

a. Expert Witness Reports;
b. NCAT, Court and litigation support reports;
c. Scott Schedules and defect response schedules;
d. building defect inspections and reports;
e. building dispute inspections and advice;
f. construction stage inspections;
g. building consultancy advice;
h. desktop document reviews;
i. site inspections and photographic evidence review;
j. expert conferences, joint reports and conclaves;
k. attendance at NCAT, Court, mediation, conciliation, conference or hearing; and
l. any other related building consultancy services agreed in writing.

The specific services to be provided will be those set out in our fee proposal, quotation, letter of instruction, email confirmation, engagement form or written agreement.

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## 2. Acceptance of Engagement

An engagement is formed when:

a. you accept our fee proposal or quotation;
b. you submit our service agreement form;
c. you pay the required deposit, retainer or invoice; or
d. we otherwise confirm in writing that we have accepted your instructions.

We are not required to commence work until we have received all requested documents, information, access details, signed authorities, written instructions and payment of any required deposit or retainer.

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## 3. Expert Witness Independence

Where Awesim is engaged to provide expert witness services, litigation support, NCAT reports, Court reports or any report that may be relied upon in legal proceedings, you acknowledge and agree that:

a. our expert’s paramount duty is to the Court, Tribunal or decision-maker;
b. our expert must provide independent, objective and impartial opinions;
c. our expert is not an advocate for you or any other party;
d. our expert’s opinion may not support your position, claim, defence or preferred outcome;
e. we cannot and do not guarantee any litigation, settlement, NCAT, Court or dispute outcome;
f. we may be required to comply with applicable expert witness codes of conduct, procedural directions, Court rules, Tribunal rules, orders or directions; and
g. we may be required to amend, qualify, supplement or change an opinion if further information, evidence, testing, documents or expert conferencing justifies doing so.

You must not request, pressure or require Awesim to alter, withhold, exaggerate, soften or omit any opinion, finding, assumption, qualification or adverse matter for forensic, tactical or commercial reasons.

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## 4. Client Responsibilities

You agree to:

a. provide complete, accurate and timely instructions;
b. provide all relevant documents, photographs, contracts, plans, approvals, certificates, correspondence, pleadings, directions, orders and expert reports in your possession or control;
c. promptly tell us about any Court, Tribunal or procedural deadlines;
d. promptly tell us about any orders, directions, timetable requirements, filing dates or service dates;
e. provide safe and lawful access to any property to be inspected;
f. obtain any required permission for us to enter, inspect or photograph the property;
g. ensure that relevant areas are reasonably accessible at the time of inspection;
h. disclose any known safety risks, access restrictions, site hazards or hostile parties;
i. provide accurate contact details and keep us updated if those details change;
j. pay our fees, disbursements and charges when due; and
k. obtain your own legal advice where legal advice is required.

Awesim is entitled to rely on the information and documents you provide unless it is unreasonable to do so. If information is incomplete, inaccurate, misleading or withheld, our report, advice, opinion, timeframe or fee may be affected.

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## 5. No Legal Advice

Awesim provides building consultancy and expert witness services. We do not provide legal advice.

Any comments we make about NCAT, Court processes, evidence, pleadings, claims, defences, contract interpretation, damages, limitation periods, procedural requirements or legal strategy are general in nature and must not be relied upon as legal advice.

You remain responsible for obtaining legal advice from a qualified lawyer in relation to your rights, obligations, proceedings, deadlines, prospects, evidence and legal strategy.

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## 6. Scope of Inspection

Unless otherwise agreed in writing, our inspections are visual, non-invasive and limited to the areas reasonably accessible at the time of inspection.

We do not carry out destructive testing, opening-up works, specialist engineering assessment, structural calculations, geotechnical testing, waterproofing flood testing, plumbing testing, electrical testing, invasive moisture testing, roof cavity access, subfloor access, drone inspection or specialist consultant work unless expressly agreed in writing.

Where specialist advice is required, we may recommend that you engage an engineer, surveyor, plumber, electrician, waterproofing consultant, quantity surveyor, certifier, fire consultant, access consultant, architect, hygienist or other specialist.

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## 7. Documents, Evidence and Assumptions

Our opinions, reports and advice may be based on:

a. our inspection observations;
b. documents provided to us;
c. photographs or videos provided to us;
d. information supplied by the Client or the Client’s lawyer;
e. relevant codes, standards, guides and manufacturer requirements;
f. our building industry experience;
g. assumptions reasonably made from available evidence; and
h. any limitations stated in our report.

If additional information becomes available after our report or advice is issued, we may need to revise, qualify or supplement our opinion. Additional fees may apply.

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## 8. Reports and Deliverables

Any report, Scott Schedule, letter, advice, response, summary, opinion or other document prepared by Awesim is prepared for the purpose stated in the engagement.

Unless we agree otherwise in writing, our reports and documents are prepared only for:

a. the Client;
b. the Client’s lawyer, where applicable; and
c. the specific matter, property, dispute or proceeding identified in the engagement.

You must not use our report or advice for any unrelated matter, property, proceeding, publication, marketing, insurance claim, building contract, sale, purchase or third-party reliance without our prior written consent.

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## 9. Draft Reports

Any draft report, draft Scott Schedule, preliminary opinion or working document is provided for review purposes only.

Draft documents must not be filed, served, circulated, published, relied upon or provided to another party unless we have expressly authorised that use in writing.

We may issue a draft to allow you or your lawyer to identify factual errors, missing documents, incorrect assumptions or further information. You must not request changes to alter our independent expert opinion.

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## 10. Timeframes

We will use reasonable endeavours to provide services within the timeframe stated in our fee proposal or otherwise agreed in writing.

Any timeframe may be affected by:

a. late payment;
b. incomplete instructions;
c. missing documents;
d. unavailable access;
e. new evidence;
f. urgent Court or Tribunal requirements;
g. the complexity of issues;
h. the need for specialist input;
i. expert conferences or joint report requirements;
j. illness, emergency or events outside our reasonable control.

Unless expressly stated in writing, timeframes are estimates only and are not guaranteed.

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## 11. Fees and Payment

Our fees will be as set out in our fee proposal, quotation, invoice or written agreement.

Fees may be charged as:

a. a fixed fee;
b. an hourly rate;
c. a staged fee;
d. a daily rate;
e. a hearing attendance rate;
f. a travel rate;
g. a retainer; or
h. another agreed basis.

Unless stated otherwise, fees are exclusive of GST, disbursements, travel expenses, accommodation, printing, couriers, specialist consultant fees, government charges, transcript fees, filing-related costs and other out-of-pocket expenses.

Invoices are payable by the due date stated on the invoice. If no due date is stated, invoices are payable within seven days of issue.

We may require payment of a deposit or retainer before commencing or continuing work.

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## 12. Additional Work

Additional fees may apply where work is required beyond the agreed scope, including but not limited to:

a. reviewing additional documents;
b. responding to further questions;
c. revising or supplementing a report;
d. preparing a Scott Schedule or response schedule not included in the original scope;
e. attending expert conclaves or conferences;
f. preparing a joint report;
g. attending NCAT, Court, mediation or conference;
h. providing urgent turnaround;
i. dealing with late or disorganised material;
j. travel, accommodation or waiting time;
k. reviewing another expert’s report;
l. responding to subpoenas, summonses or directions; or
m. work required because of changed instructions, new evidence or procedural requirements.

Where practical, we will advise you before carrying out substantial additional work.

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## 13. Court, Tribunal, Hearing and Expert Conference Attendance

If Awesim is required to attend NCAT, Court, mediation, conciliation, expert conference, conclave, site conference or hearing, additional fees may apply.

Attendance fees may include preparation time, travel time, waiting time, conference time, hearing time and reasonable expenses.

If a hearing, inspection, conference or attendance is cancelled, adjourned, vacated or postponed, you remain responsible for reasonable fees and expenses incurred or reserved, subject to our obligation to take reasonable steps to mitigate any avoidable loss.

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## 14. Cancellations and Postponements

If you cancel or postpone an inspection, meeting, conference, hearing attendance or other scheduled service, you must notify us as soon as possible.

Where cancellation or postponement occurs at short notice, you may be charged for reasonable costs, time, travel, accommodation, preparation or opportunity loss already incurred.

We will act reasonably when assessing cancellation charges and will not charge more than is reasonably necessary to protect our legitimate business interests.
If a Site Investigation, meeting or hearing is cancelled or postponed within a 48 hour period, the full fee shall be charged.
If a Site Investigation, meeting or hearing is cancelled or postponed within a week, then 50% fee shall be charged.
For a Site Investigation, meeting or hearing, and no access is granted at the agreed date & time (no show), the full fee shall be charged.


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## 15. Non-Payment

If an invoice remains unpaid, we may, to the extent permitted by law:

a. suspend further work;
b. decline to release draft or final documents;
c. require payment before further attendances;
d. charge reasonable debt recovery costs;
e. charge interest on overdue amounts where permitted; and
f. terminate the engagement by written notice.

We will not exercise these rights in a way that prevents us from complying with any mandatory Court, Tribunal or legal obligation that applies to us.

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## 16. Client Delays

If you do not provide requested documents, access, instructions or payment within a reasonable time, we may suspend the engagement.

We are not responsible for missed deadlines, additional costs, adjournments, procedural consequences or other loss caused by delay, incomplete information or inaction by you, your lawyer, another party, a third party, a Court or Tribunal.

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## 17. Confidentiality

We will treat your confidential information with reasonable care and will not disclose it except:

a. with your consent;
b. to your lawyer or authorised representative;
c. to our employees, contractors, consultants, insurers or professional advisers;
d. where required for the purpose of providing the services;
e. where required by law, subpoena, summons, Court order, Tribunal direction or expert witness obligation;
f. where disclosure is necessary to protect our legal rights; or
g. where the information is already public through no breach by us.

You acknowledge that an expert report prepared for proceedings may be required to be served, filed, exchanged, discussed in expert conferences, referred to in evidence or otherwise disclosed in accordance with legal or procedural requirements.

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## 18. Privacy

We may collect, use, store and disclose personal information for the purpose of providing our services, managing our engagement, communicating with you, maintaining business records, complying with legal obligations and protecting our legitimate interests.

Personal information may include names, contact details, property details, photographs, correspondence, legal documents, reports, invoices and other information relevant to the engagement.

You warrant that you have authority to provide us with any personal information, photographs, documents or third-party material supplied to us.

Where applicable, we will handle personal information in accordance with our Privacy Policy and applicable privacy laws.

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## 19. Intellectual Property

All intellectual property in our templates, methods, formats, report structures, photographs, notes, calculations, systems, processes, know-how and working documents remains owned by Awesim unless otherwise agreed in writing.

Upon full payment of all amounts due, you are granted a limited licence to use the final report or final deliverable for the specific purpose and matter for which it was prepared.

You must not reproduce, modify, publish, upload, advertise, sell, transfer or use our documents for another purpose without our written consent, except where required for the proper conduct of the matter for which the document was prepared.

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## 20. Photographs and Site Records

We may take photographs, videos, measurements, notes or other records during an inspection.

These records may be used for preparing reports, maintaining file records, responding to questions, complying with expert obligations, insurance purposes, quality assurance, internal training or legal requirements.

We will not knowingly publish identifiable client information or property-specific confidential material for marketing purposes without consent, unless the information has been appropriately de-identified or is already public.

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## 21. Third Parties

Our services are provided for the Client only, unless we agree otherwise in writing.

No third party may rely on our report, advice or documents without our prior written consent.

To the maximum extent permitted by law, we are not liable to any third party who uses, relies upon or is affected by our services, report, advice or documents without our written consent.

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## 22. Limitations of Service

You acknowledge that building consultancy opinions may involve professional judgment based on the evidence available at the time.

We do not warrant that:

a. every defect, issue or non-compliance will be identified;
b. concealed, latent, intermittent or inaccessible defects will be discovered;
c. destructive testing will be performed unless expressly agreed;
d. specialist engineering, plumbing, electrical, fire, access, waterproofing, quantity surveying or legal issues will be fully determined unless included in the scope;
e. another expert, builder, insurer, lawyer, Court or Tribunal will agree with our opinion; or
f. your matter will settle or succeed.

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## 23. Consumer Guarantees and Non-Excludable Rights

Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, statutory guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

Where permitted by law, our liability for breach of any non-excludable guarantee is limited to the resupply of the services or the cost of having the services supplied again.

This clause does not limit any liability that cannot lawfully be limited.

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## 24. Liability

To the maximum extent permitted by law, Awesim is not liable for indirect, consequential, special or economic loss, including loss of profit, loss of opportunity, loss of use, loss of bargain, loss of reputation, delay costs or litigation outcome loss, except to the extent such liability cannot lawfully be excluded.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the engagement is limited to the fees paid to Awesim for the specific services giving rise to the claim.

This limitation does not apply to liability that cannot lawfully be limited, including liability arising from fraud, wilful misconduct or any other liability that the law does not permit to be limited.

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## 25. Indemnity

You agree to indemnify Awesim against reasonable loss, cost, claim or expense arising from:

a. false, misleading, incomplete or withheld information provided by you;
b. your unauthorised use, publication or alteration of our documents;
c. your breach of these Terms and Conditions;
d. unsafe, unlawful or unauthorised site access arranged by you;
e. third-party claims arising from your use or disclosure of our report beyond the agreed purpose; or
f. instructions given by you that are inconsistent with legal, procedural or expert witness obligations.

Your liability under this clause will be reduced to the extent that the loss, cost, claim or expense was caused or contributed to by Awesim.

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## 26. Conflicts of Interest

You must notify us if you are aware of any potential conflict of interest.

We may decline, suspend or terminate an engagement if we identify an actual, potential or perceived conflict of interest, including where we have previously acted for another party, inspected the same property, advised another party, or have another professional relationship relevant to the matter.

If a conflict arises, we will act reasonably and consistently with any applicable professional, legal or expert witness obligations.

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## 27. Termination

Either party may terminate the engagement by written notice.

If the engagement is terminated, you must pay for all work performed, expenses incurred and time reasonably committed up to the date of termination.

We may terminate or suspend the engagement if:

a. you fail to pay an invoice when due;
b. you fail to provide instructions, documents or access;
c. you request that we act contrary to our expert obligations;
d. you request that we alter or suppress an independent opinion;
e. a conflict of interest arises;
f. the relationship has broken down;
g. continuing would expose us to legal, professional, safety or ethical risk; or
h. we are otherwise unable to continue for a reasonable cause.

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## 28. Force Majeure

We are not liable for delay or failure to perform caused by events beyond our reasonable control, including illness, accident, emergency, natural disaster, severe weather, road closures, technology failure, cyber incident, government restriction, Court or Tribunal adjournment, third-party delay, site access refusal or other unavoidable event.

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## 29. Electronic Communications and Online Acceptance

You consent to receiving documents, invoices, reports, notices and communications electronically.

You acknowledge that acceptance of our fee proposal or Terms and Conditions may occur electronically, including by clicking an acceptance button, submitting an online form, replying by email, signing electronically or paying an invoice.

Electronic acceptance is intended to be legally binding.

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## 30. File Retention

We may retain engagement records, correspondence, photographs, reports, notes and documents for legal, insurance, business, audit and professional purposes.

We may destroy or delete files after a reasonable retention period, subject to any legal obligation requiring longer retention.

You should keep your own copies of all reports, documents and evidence relevant to your matter.

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## 31. Complaints and Concerns

If you have a concern about our services, you should notify us in writing as soon as possible and provide reasonable details of the issue.

We will review your concern and respond within a reasonable time.

You agree to give us a reasonable opportunity to address any issue before taking further action, unless urgent legal action is required.

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## 32. Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia.

The parties submit to the jurisdiction of the Courts and Tribunals of New South Wales and any Court competent to hear appeals from those Courts or Tribunals.

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## 33. Severance

If any part of these Terms and Conditions is found to be void, invalid, unlawful or unenforceable, that part is to be severed to the extent necessary, and the remaining terms will continue to operate.

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## 34. Entire Agreement

These Terms and Conditions, together with our fee proposal, quotation, service agreement, invoice, letter of instruction and any written variation, form the agreement between you and Awesim.

To the extent of any inconsistency, the following order of priority applies:

a. any written special conditions agreed by Awesim;
b. the accepted fee proposal or quotation;
c. these Terms and Conditions;
d. any general website content or marketing material.

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## 35. Variations

Any variation to the scope, fees, timeframe or Terms and Conditions must be agreed in writing.

We may update these Terms and Conditions from time to time. The version applying to your engagement is the version accepted by you at the time of engagement, unless otherwise agreed in writing.

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## 36. Acknowledgement

By accepting our fee proposal, submitting our service agreement form, paying our invoice or instructing us to commence work, you acknowledge that:

a. you have read and understood these Terms and Conditions;
b. you have had the opportunity to seek legal advice before accepting them;
c. you agree to be bound by them;
d. you understand that expert witness services must be independent and impartial; and
e. you understand that Awesim cannot guarantee any litigation, NCAT, Court, settlement or building dispute outcome.