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Topic
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This is a SP in NSW dealing with a magnesite problem.
A few years ago some of the magnesite in a unit was repaired.
The EC at the time had the slab core tested by a respected structural engineer and brought in a consultant engineer also.
Because this took some time to assess, the Owner of the unit, who is a solicitor, brought in their own structural engineer and after a report from him and only seen by the Owner, had the magnesite area repaired by their own contractor.
The Owner then presented the account to the EC for payment. The EC approved this payment because they didn’t want to have to go into litigation with the Owner over loss of rent.
Now a new EC is faced with the possibility of fixing the magnesite problem for the whole building of 32 units and another consultant has been brought in.
Th EC has asked the Owner of the unit where the work was done a few years ago to provide them with the engineers report given to them by the structural engineer that they engaged.
The Owner has refused to provide this report to the EC.
Our question is who owns this report as the OC paid for it and shouldn’t they be given it.
It would need further investigation to determine if the account presented to the previous EC and paid by them was to the Owner, who then might have paid the engineer and contractor or were the accounts paid to the engineer and contractor by the OC directly.
Would this make a difference.?
The EC is trying to accumulate as much information as possible to deal with this problem and would hope that all Owners would cooperate.
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Replies
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Felix – I don’t understand why your Owners Corporation (O/C) would be bothered with a report commissioned by an Owner, when you say that the O/C itself commissioned its own report and engaged the services of a consultant to examine the very same magnesite problem.
However if your O/C is after just corroboration, IF the payment of the Owner’s costs was (as it should have been) made on the basis of an Invoice provided by the Engineer engaged by that Owner, then (as a Chartered Engineer myself) I can advise that it’s customary for professional courtesy to be afforded to the extent that the former would, as a minimum, share his/her then findings with the O/C’s Engineer.
So perhaps you’ll need to arrange that audit, and hope that irrespective of to whom payment was made, there’s a record of an Invoice made out to somebody by that Structural Engineer so that you can by-pass their uncooperative Client.
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