Firstly I have to say – make sure your building expert witness follows the NCAT expert witness code of conduct. (which you can find here) – it’s a must! I have seen many reports dismissed by the tribunal members for either not fully complying with the expert witness code of conduct or people simply producing a defect report from a legitimate building inspector.
Your building expert witness should be completely independent and be completely up to date with the National Construction Code which includes the Building Code of Australia, the 2017 Standards and Tolerances Guide. Your expert witness should be able to produce supporting evidence for all statements provided to and be listed in their report.
As an expert witness my main goal is to see if I can help you first, by this I mean after our initial conversation I will assess your building or construction issues (free of charge) against the relevant codes and standards and make you have case this also lets us comply with the expert witness code of conduct in staying independent and if we can’t you probably don’t have a case. In saying this 9.9 times out of 10 if you think there is an issue or defective work there usually is.
The process through New South Wales Civil and Administrative Tribunal or ACT Civil and Administrative Tribunal or even Court can be a long road BUT hopefully with a solid expert witness and his or her report, the road can become shorter. If there is enough evidence produced from the report and enough cross references with the regulations, codes and standards there can be little argument to be had between parties.
I hope this has helped you understand a little more about how important your expert witness can be, feel free to call our team anytime to see if we can help you!