Building dispute & expert witness reports

Expert witness reports

Written evidence for ACAT, the ACT Magistrates Court or Supreme Court, and NSW proceedings for properties across the border. Each report sets out the questions from the brief, the documents relied on, what was inspected, what was observed, the opinions reached and the reasons for them, together with assumptions, limitations and the expert's declaration.

Defect and non-compliance evidence

Inspection of the disputed work against the contract documents, the National Construction Code and the relevant Australian Standards — for example AS 3740 for wet-area waterproofing, AS 1684 for timber framing and AS 2870 for residential slabs — with photographs, measurements and moisture or thermal readings where they add evidence.

Document review

Contracts, plans, specifications, variations, certifier records, previous reports and correspondence, reviewed to identify what was required, what was approved and where the evidence is incomplete.

Conferences and attendance

Joint conferences with the other party's expert, joint reports where directed, and attendance at conciliation, hearings or on-site views. These are quoted separately at the hourly rate.

Fees

$147 + GST per hour. A written estimate with a maximum is provided after reviewing the brief and is not exceeded without approval. Travel outside the Canberra area is charged at the published travel rate.

An expert's overriding duty is to the tribunal or court, not to the party paying for the report. Reports are prepared on that basis: they state what the evidence supports and what it does not, and they say so when a question falls outside the inspector's expertise.

ACAT. Building and construction matters in the ACT Civil and Administrative Tribunal follow the tribunal's directions on expert evidence, including the requirement that an expert assist the tribunal impartially and disclose the facts, assumptions and reasoning behind each opinion.

ACT courts. Expert reports for the Magistrates Court and Supreme Court are prepared in accordance with the expert witness provisions of the Court Procedures Rules 2006 (ACT) and the expert witness code of conduct they adopt.

NSW properties. For Queanbeyan, Yass and other NSW matters, reports follow the expert witness code of conduct in the Uniform Civil Procedure Rules 2005 (NSW) or the NCAT procedural directions, as the brief requires.

Your lawyer should confirm the applicable rules, format and filing directions when briefing, so the report is prepared to the right standard the first time.

• Defective or incomplete work under a residential building contract
• Disputed practical completion and handover defects
• Water entry, wet-area leaks and failed waterproofing

• Cracking, movement and settlement concerns
• Unit and strata common-property defects
• Damage alleged from neighbouring construction (dilapidation evidence)

• Termination and abandonment disputes: recording the state of the works
• Compliance of alterations against approved plans
• Second opinions on another expert's findings

A defect list for your builder

If work is incomplete or something appears wrong, a building defect report can record what is visible, where it is and what needs attention. For a new home nearing handover, a practical completion inspection may be the appropriate starting point.

A focused investigation

A recurring leak, disputed item or unsuccessful repair may need more than a routine visual inspection. Send the relevant plans, specifications, earlier reports and repair history. We agree the questions to investigate, the documents to review and any specialist input before work starts.

A report for a formal proceeding

If a report is intended for a court or tribunal, raise this before booking. Your legal representative should provide the questions to address, relevant directions and deadlines. Expert witness reporting, conferences and attendance are agreed separately, subject to the brief, expertise and availability.

• The property address and a short timeline of the issue.
• The signed contract, plans, specifications and agreed variations relevant to the concern.
• Dated photographs, previous reports and records of attempted repairs.
• Relevant correspondence with the builder or other parties.
• Your lawyer’s brief, any hearing directions and the deadline for the report.

Keep original files and dates. Identify the room or building element in each photograph. Separate what you observed from what someone told you, and let us know if repairs have changed the area since the issue was first recorded.

Our role is to report observations and provide opinions within the agreed area of expertise. We explain the evidence, assumptions and limitations behind those opinions. Your lawyer advises on legal rights, strategy and the use of the report.

For ACAT matters, an expert’s duty is to assist the tribunal impartially. See ACAT’s guidance on expert witnesses. Requirements vary with the proceeding, so your representative should confirm the applicable format and directions.

Send a brief summary first. We will discuss whether the proposed work fits our expertise, what access and documents are needed, and the fee and timeframe before accepting the engagement.

Legal advice. The report deals with the building. Rights, remedies, strategy and how the report is used are matters for your lawyer.

Rectification costs. Cost estimates and quantum are referred to a quantity surveyor or a licensed builder so that the building evidence and the costing remain independent of each other.

Specialist engineering. Where a question needs a structural, geotechnical, hydraulic or fire engineer, the report says so and the specialist is recommended rather than an opinion offered outside the inspector's expertise.

Advocacy. The report is not written to win the case. Findings that do not help the instructing party are reported in the same way as those that do.

1. 01

   Brief and conflict check. Send a short summary of the dispute, the property and the questions to be answered. Any prior involvement with the property or parties is disclosed before acceptance.

2. 02

   Estimate and confirmation. A written estimate with an hours cap, the documents required and the timeframe. Work starts once the estimate is approved and access is arranged.

3. 03

   Document review. Contract, plans, approvals, previous reports and correspondence are reviewed and the inspection is planned around the questions in the brief.

4. 04

   Site inspection. Non-invasive inspection with photographs, measurements and instrument readings. Contact with the parties on site is kept to what the inspection needs, so the evidence stays independent.

5. 05

   Report. Questions, documents, observations, opinions and reasons, assumptions, limitations and the expert's declaration, in the format the proceeding requires. Delivered to the instructing lawyer by the agreed date.

6. 06

   Conference and attendance. Expert conclaves, joint reports and hearing attendance where directed, quoted separately.