Expert Witness Report

Expert Witness

Are you a home owner that is in dispute with your builder about your construction project? Has your client refused to pay for the works completed to date? It is not uncommon for disputes to arise during construction, especially on projects where there is a large sum of money and/or several stakeholders involved. Some common causes of construction disputes are;

  • Acceleration of the project
  • Ineffective coordination of trades
  • Unforeseen or unavoidable delays
  • Differing values and goals among clients and contractors
  • Errors in design
  • Personality differences
  • Project complexity
  • Misinterpretation or ignorance of standards and specifications
  • Site conditions
  • Variations in project scope

If your matter remains unresolved after mediation and is taken to the NCAT Tribunal, you will require an Expert Witness to provide evidence and validate the merits of the claim.

What is an Expert Witness?

An Expert Witness is an individual that is knowledgeable and experienced within a particular field of expertise who provides an unbiased opinion to a court or tribunal on particular facets of matters (within their expertise) that are in dispute. The evidence provided by an expert witness, which can be in the form of a written report or through attendance at the tribunal hearing, can strengthen a legal argument and aid in the determining of outcome of the case.

MEBC specialises in construction related disputes such as contractual problems, defective building work and building payment claims. It is important to recall that an expert witness is bound by the ‘Experts’ Code of Conduct’ , which states that;

  • An expert witness has an overriding duty to assist the court impartially on matters relevant to the expert witness’s area of expertise.
  • An expert witness’s paramount duty is to the court and not to any party to the proceedings (including the person retaining the expert witness).
  • An expert witness is not an advocate for a party.

What is an Expert Witness Report?

An Expert Witness Report is a document prepared by a building consultant that can be used in Tribunal hearings as evidence for or against the incomplete/defective/non-compliant works claims. The consultant uses this report to identify the alleged defects with photo evidence and offers an expert opinion on the best way to remedy the situation. A site inspection takes place to assess the allegations where photos and notes are taken of each identified issue, then a report is prepared by the consultant, which will include (where applicable);

  • A brief summary of the report prefacing the remainder of the document;
  • The consultant’s details and qualifications as an expert on the issue at hand;
  • An acknowledgement that the consultant is bound by the code of conduct;
  • The facts, and assumption of facts, on which the opinions formed are based on;
  • Any referenced documentation, such as architectural or engineering plans, building contracts etc;
  • The procedures used to formulate opinions;
  • The terms and conditions of the report;
  • Any relevant warranty information;
  • Discussion of the opinions that have been formed with supporting documentation as required;
  • Any issues that fall outside the consultant’s qualifications;
  • Details of any investigative measures used in the development of the expressed opinion;
  • A decisive opinion by the consultant, and depending on the situation, this can be in the form of one or several of the following:
    • Proposed methods of rectification work and an indicative cost analysis for defective works
    • A Scott Schedule, a tabulated version of the rectification works and indicative costings of the claim
    • Quantum Meruit Report, for contractors who have performed works that were verbally agreed on without written approval and have a dispute over final invoicing

What can I expect to pay for an Expert Witness Report?

MEBC prides itself on being up-front and honest with their clients so that there aren’t any nasty surprises when you are already in [a spot of bother?] Due to the large variety of issues that can be involved in one claim, as well as the intricacy of each individual issue, there isn’t a ‘flat-rate’ for a report, but to give our clients an idea of what to expect, we have published our rates below.

Please note that the rates may vary depending on the complexity of the claim of which you wish to proceed with and the situation (if you are an applicant or a respondent). All rates include GST:

Site Investigation: $660.00 for the 1st hour,

then $220.00 per hour thereafter
Expert Witness Reporting: $550.00 per issue required to report upon
Scott Schedule Reporting: $220.00 per issue required to report upon
Expert Witness Conclave: $1,440.00 for the Morning or part of or

$2,200.00 for the day or part of
Expert Witness Court or NCAT hearing attendance: $2,310.00 per day or part of

e.g. 1hr Inspection for apparent claim + Report + Scott Schedule for 1 item = $1,440.00

Please note:

  • Initial inspection payment is required prior to site inspection.
  • Additional inspection hours to be paid for prior to report writing.
  • Payment for report is required before writing will commence.

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