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Building Expert Witness

By Glen Sim

Independent Building Expert Witness Support

A building expert witness provides an independent opinion on technical issues in a construction dispute. The work starts with the questions that need to be answered and the evidence available. Those questions may concern alleged defects, incomplete work, the cause of damage or an appropriate scope of rectification.

Define the questions and documents

Provide the contract, plans, specifications, approvals, variations and relevant correspondence. Include earlier reports, photographs and any court or tribunal directions. A clear brief helps the expert identify missing information and plan an inspection that addresses the issues in dispute.

Tell the expert about any repairs or changes since the original work. Keep the original image files and record when and where photographs were taken. If access is restricted, explain that before the inspection so the report can state the limitations accurately.

What a building expert witness report should explain

The report should separate observed facts, supplied information, assumptions and opinions. It should explain the reasoning behind each technical conclusion and identify the relevant material relied upon. Where the available evidence does not support a firm conclusion, that uncertainty should be made clear.

For each alleged defect, a useful report identifies the location, describes the condition and explains the basis for any opinion that work is defective. A proposed repair should follow from that reasoning. If costs are assessed, the scope, quantities and pricing basis should be understandable to the reader.

Independence and the proceeding

The role of a building expert witness is to assist the court or tribunal on matters within their expertise. Engagement by one party does not turn the expert into an advocate for that party. Opinions may need to change if further reliable evidence becomes available.

Check the current NCAT procedural directions, including the expert evidence direction where applicable, and follow the specific orders made in the matter. Your solicitor can advise on legal issues, filing and the conduct of the claim.

Discuss your reporting needs

Awesim prepares independent technical reports and itemised schedules for building disputes. Send the property details, documents and any deadlines so the inspection and reporting scope can be considered. The report and schedule should work together, with the detailed evidence retained in the report.

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Glen Sim Managing Director
Glen Sim is the Founder and Director of Awesim Building Consultants. He is a qualified carpenter, licensed builder and building expert witness with more than 35 years of construction experience, specialising in expert witness reports, Scott Schedules, building defects and NCAT building disputes throughout NSW.

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