Do you need an Expert Witness Report for NCAT Tribunal or Court?
If you are a property owner, a contractor or subcontractor, chances are you have been caught up in building disputes one time or another. In building disputes, emotions can run high and often lead to one party bringing the matter to a tribunal.
What is the NCAT?
The NSW Civil and Administrative Tribunal or NCAT hears and determines dispute applications lodged by property owners, traders and insurers. They check matters depending on the merits of the case and supporting evidence submitted by Building Expert Witness Reports.
What is the Building Expert Witness Report?
If you intend to make a claim in the NCAT for a building dispute in your project, you will need a Building Expert Witness Report.
A Building Expert Witness Report contains the following:
- Table of contents
- Qualification of the expert witness
- Field of interest which they are giving an opinion
- Disclaimer if an issue is not within their field of expertise
- Relevant data that can support opinion and reason for opinion expressed
- Tests and investigation results, who conducted them and their qualifications
- Rectification methods
- Cost estimates
- Scott schedule – for majority cases, a summarised report and cost claim
Writing the Expert Witness Report
Since the report is an essential part of your request in the litigation process, you want to contact a professional who has experience in completing Expert Witness Reports.
An expert in writing witness reports should have experience in the following:
- Conclave meetings
- Assessing variating contract claims against the original contract documents
- Giving evidence in court or tribunals relating to their reports
- Compliance and familiarity with Court and NCAT Codes of Conduct
Before you lodge an application on NCAT, engage an expert to provide a written report or give expert evidence in support of your case.