Why you may need a construction expert witness

When you are involved in a building project, disputes are inevitable. Often, unresolved disputes lead to litigation. Engaging a Construction Expert Witness can help strengthen your legal argument so the court can come up with a binding decision on the dispute.

An expert witness can assist in clarifying relevant facts that distinguish truth from allegations made.

Roles of a construction expert witness

1. The construction expert witness inspects the building in question. He will produce an accurate report with conclusions on technical issues.
2. The expert can consult lawyers if claims have merit.
3. A construction expert witness can determine the liability for the damages and can recommend a remedy for the defects.
4. An expert witness can provide evidence at a Tribunal or Court based on his inspection. The construction expert witness produces an independent report of the construction standards in question.
5. Along with the report, an expert witness can give his testimony and provide a comparison of the works reviewed to what is expected from the relevant building codes and Australian standards.
6. As there can be two opposing construction expert witness for a case, both witnesses should be objective and neutral in giving their expert opinion.

Who is qualified to be a construction expert witness?

• Someone with extensive knowledge of and expertise in the construction industry, including:
  • building delays
  • building codes and compliance
  • construction costs
  • construction defects
• An expert witness should be an excellent communicator. He should present well in front of the jury by explaining technical knowledge in a manner they understand.
• The construction expert witness must be well-versed and up-to-date on the methodologies, processes, materials used and most importantly, the Building Code of Australia and Australian Standards relevant to the case at hand.
• He should be practising in his field of expertise.
• He could also be an instructor who has trained others in building inspection.
• An expert witness can be a published author of guidelines and peer reviews on his field of expertise.

If you are in dispute with your builder or tradesman, then your first line of defence is to contact a professional construction expert witness. Call Paul Cavallo on 0419 868 008.