Scott Schedules are often used in building defect matters. They are an important tool that help both the parties and the decision maker focus on the defects being claimed and the quantum of each defect.
What is a Scott Schedule?
A Scott Schedule is a document that sets out the parties’ evidence with cost estimates for labour and material of each item claimed in regard to building defects, incomplete works or variations to the building contract and often involves technical or other complex matters. It is usually, but not always, prepared by a building or costs specialist and references the expert evidence.
In building defect claims in NCAT or the District Court or Supreme Court preparation of a Scott Schedule is generally required as part of the evidence preparation.
What are the benefits of Scott schedule?
There are four potential benefits:
- it can increase the possibility of the parties reaching a settlement on at least some portion of the issues in dispute;
- in preparing the schedule each party can identify and clarify areas on which they agree, or have no basis to disagree with the other party;
- it allows the parties to identify any items on which the difference in their positions is less than the cost to litigate them; and
- it assists in avoiding confusion at the hearing as the items being claimed and the alleged costs of repairing those items is set out by each party.
- it means the parties and the decision maker to have one convenient document that sets out the competing claims.
NCAT sets out a pro forma Scott Schedule, the link to which is here.
Authors: Rhonda Webster and Allison Benson.