Expert Witness For a Builder

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Building Expert Witness
January 12, 2015
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Expert Witness For a Builder

Building Disputes

Expert Witness For a Builder

To state the obvious, 50% of issues related to Building & Construction are with Building Contractors.

There are two main reasons we are engaged as a Expert Witness For a Builder;

  1. When a Home Owner (the Builders Client) fails to pay for Good & Services as per the Home Building Contract.
  2. After a Builder has been severed with a Notice from the Courts or NCAT (NSW Civil & Administrative Tribunal.

More commonly we are used in the second option, as the Builder may be a facing hefty claim for Defective, Incomplete or Non Compliant works, and this could be several years after the builder has handed the project over. That’s when we come in as an Expert Witness For a Builder, our Inspection & Reports in response to the applicants report will be conducted as per Schedule 7 – Expert Witness Code of Conduct. Meaning our core duty is to the court or tribunal and provide our expert witness expertise in a impartial fashion.

It is widely known that most Builder’s do not have copies or current copies of the National Construction Code (former Building Code of Australia) or relevant Australian Standards, then all of a sudden they are hit with a Expert Witness Report alleging Breaches of this Code & that Australian Standard or Act’s. This can be very overwhelming for most Builders.

That’s where we come in, We have all the Australian Standards & Acts relevant to Building and the current NCC, we are efficient in reviewing these documents and extracting the relevant information. Many of these Standards have been written in a very technical sense and are left to interpretation. Meaning there maybe more than one outcome or conflicting sections within these standards. And the applicants Expert has used this to there benefit. 

Expert-Witness-for-a-builder-300x300.jpgIn deed the issue may be defective, and we could agree with that, however agreeing with the Scope of Works to rectify the issue is the next stage. As we all know there are more than one way to build a house, same with rectifying a defect. Coming up with ideas and solutions to fix the problem is what we excel in. 

Once the Scope of Works is Agreed then we need to apply quantities & rates to know how much it will cost to rectify.

So then, at the end of the day more than often the Builder has provided of the goods & Services to the Home Owner and as such all Builder must provide there Statutory Warranty on all projects. And in doing so the Builder is the main responsible party for ensuring the building is fit for purpose & as per the contract documentation.

Even though you the Builder maybe found at fault, we can assist with mitigating the losses that are claimed against you by the Home Owner.

To recap what we can do as a Expert Witness For A Builder;

  1. Responding to the Applicants (Home Owner) Expert Witness Report or Write up an Initial Expert Witness for a Builder

  2. Confirm or deny the alleged defective, Incomplete or Non Compliant works,
  3. Propose the most cost effective to rectify the issue (Scope Of Works)
  4. Estimate the cost of Scope of Works with real quantities & rates
  5. Mitigate the Builder liability.

You may find further information about our Expert Witness For A Builder HERE

To contact us immediately, call Glen on 0419 600063 or glen@awesim.com.au

Expert Witness For a Builder