You offered to inspect the alleged defect but access has not been arranged

The allegation remains untested

A hypothetical contractor disputes a defect allegation and offers to inspect. The customer has not agreed a time, and the contractor considers turning up because they still have an old access code. Do not treat previous access as permission for a new visit. Ask for a clear inspection arrangement and obtain advice about the unresolved dispute and any urgent concerns.

Make the proposed visit specific

Explain which items need inspection, who would attend and what the visit is intended to establish. Suggest practical times and ask about access conditions. Keep any destructive testing or repair proposal separate from a visual inspection. A customer may need more information before agreeing, so avoid characterising every unanswered request as deliberate obstruction.

Confirm communications in writing

NSW residential dispute guidance recommends recording discussions and what was agreed to be done and when. Use the process suited to the actual project and jurisdiction. Keep the inspection request and response with the claim papers. A written request helps show the sequence, but it does not itself establish a right to enter or determine the legal effect of unavailable access.

Source: NSW Government: Resolving building disputes

Explain any genuine obstacle

In the hypothetical example, the customer may be unavailable or concerned about the proposed attendees. Ask what alternative arrangement can be considered without conceding the defect allegation. Raise safety issues with the appropriate responsible people promptly. Do not let an access discussion become an excuse to ignore a reported hazard or to undertake unauthorised work.

Seek advice if access remains unresolved

Give the lawyer the requests, responses and relevant contract terms. Ask how to proceed and what deadlines or dispute steps remain relevant. Avoid claiming that the customer automatically loses every remedy because an inspection has not occurred. Equally, do not promise a conclusive technical response when you have not been able to examine the work.

Record the eventual inspection limits

If a visit occurs, note what was inspected, what remained inaccessible and which records were made. CRP can help organise the commercial dispute information. The objective is a usable inspection and an accurate record of its limitations, rather than another argument about a visit nobody clearly agreed.