Building Expert Witness FAQ
Why do I need an building expert witness?
A building expert witness is required when you as a consumer or a you as a contractor are engaged in a building dispute with another party that can’t be resolved without the help of the courts or NSW Civil and Administrative Tribunal (NCAT).
What does my building expert witness do?
Your building expert witness, after being engaged will complete an inspection of part or all of the build that is being disputed. Your building expert will act independently and write a lengthy report of all defect/affected areas with reference to the any manufacturer’s installation guides, 2017 standards and tolerance guide and National Construction Code including the Building Code of Australia. This report if must comply with the expert witness code of conduct or it can be dismissed from evidence by the tribunal member or magistrate.
What does my building expert witness report include?
Quite simply the building expert witness report will include:
- The expert witness qualifications
- All findings, conclusions and reasons for each opinion expressed
- If applicable, that a particular issue falls outside the expert’s field of expertise
- Appendices with any literature or other materials utilised in support of the opinions
- Any examinations, tests or other investigations on which the expert has relied, including details of the qualifications of the person who carried them out,
- A brief summary of the report
What is a scott schedule building and does expert witness include one?
A Scott Schedule is summarised version of your report set in a excel spread sheet which includes costing on each of the findings from your expert witness report. This is required if its has been requested in your notice of orders, or if you wish to know the expert witness’s estimated costs.
What is the cost of a building expert witness?
The cost of engaging a building expert witness can depend on the type and severity of the dispute, The expert’s costs are usually paid by the party who has engaged the expert and in some cases can be recovered from the other party is successful at NCAT or litigation.