CONSTRUCTION PROFFESSIONALS WITH OVER TWO DECADES OF INDUSTRY EXPERIENCE
EXPERT WITNESS CONSTRUCTION
WHAT IS A EXPERT WITNESS IN THE FIELD OF CONSTRUCTION?
Simply put by the NSW government, an Expert Witness is defined as follows; “An expert is a person who has specialised knowledge based on the person’s training, study or experience.”
Experts can be found in any field, construction being one of them.
WHEN IS AN EXPERT WITNESS REQUIRED?
Expert Witness Reports are generally sought when in a building dispute, usually between a home owner/client and a builder or a tradesperson.
When a client and their builder cannot see eye to eye on building defects an Expert can be sought by either party and/or both party’s.
Engaging in a third party Expert Witness can help resolve the dispute by determining what items are reasonable enough to be labelled defects and assistance in providing the estimated loss for either party.
IS AN EXPERT WITNESS REPORT REQUIRED FOR EVIDENCE IN THE NCAT?
Engaging an Expert Witness Builder or Engineer is not mandatory by the NCAT, although having an Expert Witness Report as part of the evidence will likely support the claim.
It is especially essential to obtain an Expert Witness Report when the opposing party, whether applicant or defendant has an Expert Witness Report as part of their evidence.
An Expert witness report should intend to facilitate a just, quick and cheap resolution .
WHAT IS THE EXPERT WITNESS CODE OF CONDUCT?
An Expert witness is obliged to comply with the “Expert witness code of conduct and duties” set out by the NSW Government.
In summary this means an expert witness has a general duty to the court, to comply with orders, a duty to work co-operatively with other expert witnesses and fulfill the requirements regarding the content of the expert’s report.
An Expert witness report must be thorough and follow the content requirements set out by the NSW Government.
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