Standard Terms of Engagement
MFB-CT-01 · Version 1.1 · 11 November 2026
These terms apply to every instruction unless we have agreed otherwise in writing.
1 The agreement
1.1 These terms, Schedule A (Schedule of Fees) and your written instructions or our written quote together form the agreement between you and Meridian Forensic Building Consultants Pty Ltd (“Meridian”, “we”, “us”).
1.2 You accept these terms by giving us written instructions.
1.3 If you have a supplier or panel agreement with Meridian that we have signed, that agreement prevails over these terms to the extent of any inconsistency.
2 Instructions and scope
2.1 Instructions must be in writing and identify the report or service required, the questions to be answered, the property and the parties.
2.2 If the scope is unclear, or the matter is more complex than a standard scope, we will tell you and confirm a revised fee or estimate before going further.
2.3 Our opinions are technical building opinions. We do not give legal advice, or opinions on policy liability or indemnity.
2.4 Matters we accept. Meridian focuses on insurance-related work. We do not accept instructions in disputes between an owner and a builder about building work unless the matter also involves:
(a) a claim under an insurance policy, including a Home Warranty claim;
(b) an insurer's recovery action against a builder, trade or other party; or
(c) a dispute with an insurer about a claim.
If an instruction falls outside this clause, we will tell you at the conflict check, before any work is done or any fee is charged.
3 Independence
3.1 We give independent opinions based on the evidence. Our fees do not depend on the outcome of any claim or dispute.
3.2 In tribunal or court proceedings, our overriding duty is to the tribunal or court, and we will comply with the applicable expert evidence practice note or code of conduct.
4 Your responsibilities
4.1 You will give us complete and accurate information and documents, and tell us promptly about anything that may affect our work.
4.2 You will arrange safe access to the property and tell us about known hazards, occupants' needs and site rules.
4.3 We may rely on information provided by you or others on your behalf, unless it is obviously wrong.
5 Site inspections
5.1 Inspections are visual and non-invasive unless otherwise agreed. We do not inspect concealed, inaccessible or unsafe areas.
5.2 Invasive or destructive testing is carried out only with the owner's consent and your written approval. Making good is excluded unless agreed in writing.
5.3 We may decline or stop an inspection if the site is unsafe. The cancellation and access charges in Schedule A apply.
6 Fees and payment
6.1 Fees, disbursements, loadings and payment terms are set out in Schedule A or our written quote. All amounts exclude GST.
6.2 We incur disbursements only with your prior approval.
6.3 Invoices are payable within the period in Schedule A. We may charge interest on overdue amounts at the rate stated in Schedule A, calculated daily from the due date until paid in full, and may pause work on open matters until overdue invoices are paid.
6.4 Where the Building and Construction Industry Security of Payment Act 2002 (Vic) applies to our services, our invoice may be served as a payment claim under that Act. Nothing in these terms limits our rights under it.
6.5 If an invoice is not paid, we may take recovery action. You agree to pay our reasonable costs of recovery, including collection agency and legal costs.
6.6 Fees are payable whatever the outcome of a claim or dispute, and whether or not costs are recovered from another party.
6.7 Fees are reviewed each 1 July. Matters already instructed keep the quoted fee.
7 Reports and intellectual property
7.1 Each report is prepared for you and for the purpose stated in it. No other person may rely on a report without our written consent.
7.2 We keep copyright in our reports, templates and working papers. Once our invoice is paid, you have a non-exclusive licence to use the report for its purpose, including giving it to your insurer, your advisers, the other party, a tribunal or a court.
7.3 A report reflects the conditions at the time of inspection and the information available to us. If new information emerges, we may review our opinion and issue a supplementary report.
8 Confidentiality and privacy
8.1 We keep your information confidential and use it only for your instructions, except where the law, a tribunal or a court requires disclosure.
8.2 We handle personal information in line with the Australian Privacy Principles.
9 Liability
9.1 We will provide our services with the care and skill expected of a competent building consultant.
9.2 Nothing in these terms excludes, restricts or modifies any right, remedy or guarantee you have under the Australian Consumer Law, or any other law, that cannot lawfully be excluded, restricted or modified.
9.3 If our services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to comply with a consumer guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
9.4 Subject to clause 9.2, and to the extent permitted by law, our total liability to you for all claims arising out of or in connection with an instruction, whether in contract, tort (including negligence), under statute or otherwise, is limited to the fees paid or payable for that instruction.
9.5 To the extent permitted by law, we are not liable to you for loss of profit, loss of revenue, loss of business opportunity or loss of goodwill, however caused.
9.6 Clauses 9.4 and 9.5 do not limit our liability for fraud, wilful misconduct, or death or personal injury.
10 Insurance
10.1 We hold professional indemnity, public and products liability, and cyber liability insurance, and will provide certificates of currency on request.
11 Withdrawal and suspension
11.1 You may withdraw your instructions at any time by written notice. You will pay for work done up to that date, as set out in Schedule A.
11.2 We may stop work by written notice if fees are overdue, a conflict of interest arises, we are asked to act inconsistently with our independence or the law, or the site is unsafe.
12 Force majeure
12.1 Neither party is liable for a delay or failure to perform this agreement, other than an obligation to pay money, to the extent it is caused by an event beyond its reasonable control. Examples are bushfire, flood, storm, earthquake, pandemic or epidemic, a government order or direction, and the closure of a site or loss of safe access to it.
12.2 The affected party will notify the other promptly, take reasonable steps to limit the delay, and resume as soon as the event allows. We will give you revised timeframes.
12.3 If the event delays our services for more than 30 days, either party may end the instruction by written notice. You will pay for work done up to that date, as set out in Schedule A.
12.4 This clause does not change any date set by a tribunal or court. If an event affects a tribunal or court timetable, we will tell you straight away so that you can seek an extension or directions.
13 Subpoenas and later attendance
13.1 If we are required to give evidence, produce documents or respond to a subpoena about a matter, including after it has ended, our time and costs are charged at the rates in Schedule A.
14 Records
14.1 We keep records of each matter for at least seven years after it is completed.
15 Disputes
15.1 If a dispute arises under this agreement, either party may give the other written notice of it, and both parties will try in good faith to resolve it within 10 business days.
15.2 If it is not resolved, either party may refer it to mediation, with a mediator nominated by the Resolution Institute, before starting proceedings. This does not prevent either party from seeking urgent interim relief or recovering an unpaid debt.
16 General
16.1 This agreement is governed by the laws of Victoria.
16.2 Any change to this agreement must be in writing.
16.3 If any part of this agreement is unenforceable, the rest of it continues to apply.