Legal Services

Litigation and Pre-Litigation Services

At Fisher Brennan Consulting we accept briefs to act as independent experts in a range of commercial and residential building disputes.

Our Principal, Guy Fisher, has many years’ experience in the construction industry throughout Australia including as Project Manager, Construction Manager and Quantity Surveyor.  He has a detailed understanding of what can go wrong in both small and large-scale projects and is both forensic and pragmatic in his approach to construction disputes.

Expert Reports and Expert Witness Appearance

The Fisher Brennan Consulting team understand both the Magistrates Court Rules and the District and Supreme Court Rules and Practice Directions for expert witnesses.  We produce reports that accurately and efficiently address the issues in accordance with our instructions.  Where matters cannot be resolved before trial, our Principal will give evidence concerning the content of the expert report in a clear and straightforward manner that reflects his duty to the Court.

  • Detailed reporting on specific issues as instructed
  • Referenced research sources
  • Review of technical material and data
  • Opinion on likely cause or causes of latent building defects
  • Order of cost (including quantum meruit) assessments

Property Condition Reports

As experienced construction professionals, we understand that it is critical for commercial property investors to know their building, including any latent defects. 

In our experience, commercial property disputes involving joint ventures, site developments or landlord/tenant arrangements can often be avoided if timely advice is sought from a building industry professional.

We can provide an opinion as to the likely cause of a particular building defect and the consequential chain of accountability.  In our experience such advice, sought early in the course of a dispute, can save thousands of dollars by narrowing the issues and increasing the likelihood of a sensible commercial resolution.

  • Inspection of building elements for evidence of structural damage or decline
  • Review of building fabric condition noting damage as well as wear and tear
  • Identification of health and safety issues that require rectification or further investigation such as the potential presence of asbestos or lead paint
  • Inspection of plant and equipment condition and evidence of maintenance
  • Audit of maintenance records for compliance with statutory requirements
  • End of lease / make good reports
  • Verification of Lessor / Lessee works