What is a Building Expert Witness Report?
This report describes an accurate account of the building defects, non-compliant building works and works that don’t achieve the minimum Australian Standards within a structure. This type of report is prepared in accordance with current Procedural Directions in a format that can be submitted to the Civil and Administrative Tribunal.
What purpose does it serve?
The Expert Witness Report is designed to assist the Civil and Administrative Tribunal in reaching a conclusion about a technical matter or area of specialised knowledge that is relevant to an issue to be determined in proceedings.
Who should obtain a report?
Persons involved in a serious building dispute may need to engage the services of a Building Consultant. An independent expert report will be necessary when preparing a building claim through the Tribunal, or, when persons are responding to a building claim against them. The Tribunal will not accept and/or acknowledge your evidence unless prepared by a Building Expert Witness in accordance with current Procedural Directions issued by the tribunal.
What should be recorded in the Expert Witness Report?
Non-compliant building works, defective and or incomplete works according to the Australian Standards.
What other documents may be necessary for proceedings with the tribunal?
Proceedings that are to be heard by the tribunal will often require the preparation of other supporting documents:
- Scott Schedule: is a summary of the expert witness report designed so that all items in dispute can easily be reviewed. It should detail items and the estimated costs of rectification works. The report is given to all relevant parties prior to proceedings at the Tribunal.
- Scope of Works: gives details of how items on the Scott Schedule can be rectified.
- Extracts from the BCA and Australian Standards: Allows items in the Expert Witness Report to be substantiated using the Building Code of Australia and/or relevant Australian Standard.
- Joint Expert Witness Report: During proceedings the Tribunal may instruct the two parties’ experts to compile a joint report. It is designed to find some common ground on the items reported and to achieve a more definitive list of disputed items. At this stage, the Building Consultant will prepare carefully for court or Tribunal hearings to give Expert Evidence. It is here they may be called upon to give clear and detailed explanations and an assessment of items contained in the report.
If you are in need of this type of report please give us a call to discuss your requirements.
More information is available by visiting the following links.
- Queensland Civil and Administrative Tribunal. https://www.qcat.qld.gov.au/
- New South Wales Civil and Administrative Tribunal. http://www.ncat.nsw.gov.au/
- Victorian Civil and Administrative Tribunal. https://www.vcat.vic.gov.au/