WA Developer Blaming Builder for Error with Rendering Walls

[Wingnut]

Having an issue with a land developer post building our house with regards to ownership of mistake that led to our house being modified from it's original design plans. The developer sent me a PDF showing a single elevation (on A4 paper) of our house, hand written notes and section of the house in highlighter pen and allege that this is the information they sent our builder. Our builder denies this claim, so I request that both the developer and builder supply me copies of the correspondence between the two parties in relation to this issue. Our builder sends through the information requested and it's noted that the developer sent our builder a PDF showing five elevations of our house (on A3 paper), with different information from what the developer provided me with. It is also noted that all annotations and instructions have been electronically stamped by the developer and nothing is hand written or highlighted. Meanwhile, the developer refuses to forward any more information to me and stops all correspondence after I point out that I believe they have fabricated the PDF (on A4 paper) sent to me with a single elevation on it.

Has the developer committed fraud?
Does this fall under corporations law or criminal law? (or both)
As the developer e-mailed this PDF document to other people in the company (who know the situation and have been involved to date), if it is fraud, are they liable under Corporations Law, specifically prevention of fraud?

 

[Tracy B]

Hi,

Asserting a different version of facts is not fraud. Neither is making a statement that is inconsistent with evidence. Nor is pointing the finger at another party and alleging they bear the responsibility for fault. This is just strength of evidence and determining what the facts are. Fraud is a very specific cause of action. The injury caused to you (i.e. you having to spend money to comply with something you did not need to comply with) was not because the builder and developer were pointing the finger at one another. Rather, it was because you received inaccurate advice, and you relied on this advice to your detriment. Again, you do not appear to have an action for fraud. What the builder and developer are asserting (differently from one another and the paper trail) is evidence that goes toward what actually happened (i.e. facts). The facts determine whether an action in negligence, or breach of contract, occurred (through the provision of inaccurate advice).