What is a Building Expert Witness Report?

It’s a report describing defects, non-compliant building works present within a structure.

What purpose does it serve?

It is to assist the 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. Building defects present..

Who should obtain a report?

Persons that are preparing a building claim through Department of Fair Trading or persons responding to a building claim. The Department of Fair Trading (NCAT) will not accept and/or acknowledge your evidence unless prepared by a Building Expert Witness in accordance with current Procedural Directions issued by NCAT.

What should be recorded?

Non-compliant building works, defects.

Why should I get a Professional Report prepared?

A Building Consultant with experience in Litigation matters and Tribunal, Arbitration, Mediation, Reference and Court procedures will best prepare your case.

What should be included in a Building Expert Witness Report?

An experts report should be set out in accordance with current Procedural Directions issued by NCAT. The expert should be bound by the President’s Directions in relation to expert witness code of conduct. As per Item 16, Experts’ reports, as per Current NCAT Procedural Direction.

When are they needed?

Parties involved in serious building disputes may engage Building Consultants to provide Expert Reports. If dispute is not resolved and the Parties litigate, the consultants who have provided such reports may be required to attend Court or a Tribunal. The Building Consultant will prepare carefully for court or Tribunal hearings with a view to clearly explaining opinions given in their Expert Report. This is called giving Expert Evidence.

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