Expert Witness & NCAT Reports
- We carry out inspections and prepare reports in matters that may be subject to litigation, arbitration, NCAT or Office of Fair Trading matters when mediation and resolution has been unsuccessful.
- The reports and any evidence given will be in accordance with the Expert Witness Code of Conduct, as an Independent Consultant. Our Expert Witness Reports are compliant with the New South Wales Civil & Administrative Tribunal (NCAT) and NSW courts system requirements.
- We can assist with the resolution of disputes, representing the owner, owner’s corporation or contractor, and aim for equitable and fair outcomes.
- Our reports will be considered accurate and directive in terms of regulatory compliance for the following reasons.
- We have provided literally hundreds of Court, CTTT and NCAT report and over 4000 inspection reports in the industry.
- The principal, Paul O’Donnell, has an honours degree in building, a Clerk of Works Carpentry, Joinery certificate of proficiency and thirty years inspection construction and development experience in the industry.
- Coupled with vast experience in project management of major Government and Private industry infrastructure, service installation, contract management and quality control.
- Has completed thousands of previous building and pest reports and hundreds of expert reports for Tribunal and Court matters. allows us to provide the best quality service to you. This has also shaped understanding of regulatory requirement, services requirement and compliance.
- We can examine the work in relation to Australian Standards and statutory and regulatory standards. In this way the report can be legally enforceable. The condition and compliance can be tested and measured in this way. We will examine the contract and its attached references such as the plans and specifications. We will provide our view on the responsibilities in relation to the work and dispute.
- Without a site visit, it would not be possible to comment on the work. Therefore, it is essential to do a site visit and preferable that we have viewed the “scope of works” documents well ahead of that site visit. We can then provide a report in relation to these compliancy or factual issues.
- In terms of enforcement of your rights under the contract you may or should also consult a solicitor. Appropriate procedures must be followed for acceptance of evidence and claims. A solicitor could be engaged after submission of our report. If the matter was to proceed to Tribunal full hearing, we suggest you seek leave for representation at the hearing by a solicitor. This is due to the complexity of the documentation presentation and procedural requirements at a hearing.
- You have established and provided details of the agreement and or contract specification and plans illustrations or the arrangement details that constitute the agreement.
- A time line chronology of events from start to finish should be provided to the solicitor and us.
The value of a report would be to determine the compliance in relation to regulations, contract, variations and original agreement.
- This would be a standard special purpose report $1650.00 excluding GST, for the defects report and report documentation for presentation to the Tribunal or Court. Specific requirement for tribunal expert witness submissions must be adhered to for acceptance.For court or tribunal attendance we charge $295.00 per hour (excludes GST) with a minimum of eight hours.
- Scott Schedule: We also provide “Scott Schedule” however depending on the complexity and details this will involve additional hourly rate costs of $295/ hour exclusive of GST. Typically between 2 – 6 hours depending on the complexity. In many cases issues can be resolved at the defects report submission stage and not wind up at a full hearing at the tribunal without the additional cost of preparation of any costing.
Editing: Any additional document production or editing requests, after of our submission of the report to you, is valued at $295/hour exclusive of GST. Please ensure all documentation is provided prior to the inspection to avoid any additional rates.
Code of Conduct
- We are bound by the courts code of conduct in all matters.
NCAT Preparation Documents required from client
- Contract or agreement, parties involved.
- Brief written description/timeline
- What are the defects?
- Plans & specifications
- Have you discontinued the contract? And on what basis?
- What stage is the work at?
- Court/NCAT Orders/Notices
Free building report evaluation offer