CONSTRUCTION PROFESSIONALS WITH OVER TWO DECADES OF INDUSTRY EXPERIENCE
COST OF AN EXPERT WITNESS REPORT
The Value of Expert Witness Reports in Legal Proceedings
TABLE OF CONTENT - QUICK LINKS
1. The Value of a High Quality Expert Witness Report
Expert witness reports are used as Expert Evidence in the Tribunal (NCAT) or in a Court setting. This evidence is a report prepared by an expert witness under oath and is of high value when used in legal proceedings. A high-quality expert witness report carries significant weight in NCAT and court proceedings. Decisions in the Tribunal are made on the balance of probabilities, and the clarity, structure and credibility of the expert report often determine which side the Member prefers.
A strong report is not just a document—it is a persuasive tool that:
Presents complex construction issues in a clear, logical and easy-to-follow format
Demonstrates the qualifications, hands-on experience and expertise of the author
Provides truthful, objective and precise analysis
Aligns every allegation with properly referenced legislation, NCC/BCA clauses, Australian Standards, and Manufacturer’s specifications
Helps the Tribunal confidently reach a finding in favour of the party relying on it
A good expert report is lucid, concise, well-structured and backed by evidence. Poorly presented or vague reports quickly lose credibility. A well-prepared report, on the other hand, can directly influence the Member’s confidence in the expert and their conclusions.
2. Key Content in a Robust Expert Report and Scott Schedule
Every expert report and accompanying Scott Schedule should follow a structured, methodical format. You can read more about the purpose of a Scott Schedule on our
👉 What is a Scott Schedule?
A strong report and schedule must include:
a. Identification and observation of the Defect or Incomplete work
Clear photos, description of the observed issue, room location, and the context of the defect.
b. Validation Through Breach Identification
Each defect must be validated by specifying the relevant breach/es and referencing accordingly:
Home Building Act 1989 (NSW)
National Construction Code (relevant edition based on construction date)
Applicable Australian Standards (e.g., AS 3740, AS 2870, AS 3958)
Manufacturers’ specifications, technical guides and installation manuals
c. Proposed Rectification Method
A fair, reasonable and equitable method that returns the building element to a compliant standard, supported with written reasoning.
d. The Experts Opinion
A fair, reasonable and equitable method that returns the building element to a compliant standard, supported with written reasoning.
e. Quantum / Costings
Depending on the extent of the defect/incomplete work, a detailed Bill of Quantities or cost assessment that justifies the rectification allowance, typically presented in the Scott Schedule.
This structured approach provides NCAT with the information needed to assess liability, defects and costs clearly.
3. Our Approach (How We Achieve This)
At Cook & Kelly, our methodology is meticulous, evidence-based and legally aligned. Our process includes:
Comprehensive Site Inspection:
We inspect every relevant area thoroughly, taking high-quality photographs, levels, measurements, moisture readings and relevant tests.Deep Analysis of Documentation:
We examine plans, contracts, engineering drawings, scope of works, variation documents, PCA notes and any previous expert reports.Legislative & Technical Cross-Referencing:
Each defect is matched against the Home Building Act, NCC, Australian Standards and manufacturer requirements.Clear Written Explanations:
Our reports are written in plain English. No jargon. No fluff. Every conclusion is backed up with evidence and technical reasoning.Accurate and Justifiable Costings:
All costings are prepared using real construction knowledge—not generic cost guides—ensuring that the figures presented are fair, reasonable and aligned with actual market conditions.
This method ensures our reports are reliable, persuasive and robust under cross-examination.
4. Cost of an Expert Witness Report in Sydney
The pricing of an expert witness report depends on the scope of issues, the amount of material provided, and the complexity of the dispute.
While our reports are time-based, we offer fixed fees for our main services, which include:
Expert Witness Report
Scott Schedule
Bill of Quantities (BOQ)
Additional services—such as NCAT attendance, expert conclaves, joint reports, supplementary reports or responses—are charged under our schedule of rates, which will be outlined in your Fee Proposal.
This ensures transparency from the beginning and allows you to plan with confidence.
Below are typical price ranges for services related to the creation of such reports in Class 1 buildings:
Site Inspection: $600 – $1,500
Review of Documentation: $300 – $1,000
Expert Witness Report: $1,000 – $3,000
Scott Schedule: $400 – $1,500
5. Tailored Fee Proposal
Once we complete a free initial phone consultation and you provide any available documents (photos, plans, work orders, previous reports, emails, contracts etc.), we will prepare a fixed-fee proposal for your expert report and Scott Schedule.
This provides certainty, clear expectations and no surprises.
6. Why Use Cook & Kelly
Cook & Kelly is led by a seasoned builder and expert witness who has been involved in construction since the age of 13. Our principal building expert has:
Decades of hands-on construction experience
Worked extensively across project management, supervision, defect management, estimating and quality assurance
Deep trade knowledge across all facets of residential and commercial construction
Provided expert reports that have resulted in preferred NCAT judgements, including both money orders and work orders
Assisted applicants and respondents in achieving fair and reasonable outcomes
A strong ability to both raise defects and rebut defects, due to extensive cross-trade knowledge
Our technical expertise, real-world building experience and proven NCAT performance make our reports highly persuasive and reliable.
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