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
- The construction expert witness inspects the building in question. He will produce an accurate report with conclusions on technical issues.
- The expert can consult lawyers if claims have merit.
- A construction expert witness can determine the liability for the damages and can recommend a remedy for the defects.
- 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.
- 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.
- 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.