expert witness reports
  • April 14, 2021
  • Effective Building
  • 0

Effective Building & Consultancy can carry out inspections and prepare expert witness reports that may be subject to arbitration, NCAT, or Office of Fair Trading matters when mediation and resolution have been unsuccessful. We also provide fully cost Scott Schedules based on the standard accepted costing manual for your claim.

As an independent consultant, all the expert witness reports and evidence given will be following the Expert Witness Code of Conduct. Our expert witness reports comply with the NSW courts system requirements and the New South Wales Civil & Administrative Tribunal.

We can assist with the dispute resolution, representing the owner, owner’s corporation, or contractor, and aim for fair and equitable outcomes. 

Why Do Our Expert Witness Reports are Reliable?

Our expert witness reports are directive and accurate in terms of regulatory compliance for the following reasons:

  • Elie Farah has provided hundreds of court CTTT and NCAT inspection reports.
  • Elie Farah is a building engineer with a diploma in structural engineering and certificate on building regulation, asbestos awareness, asset maintenance, and workplace certificate, and more than 20 years of inspection construction and development.
  • Elie Farah had project management of residential and commercial infrastructure, contract management, service inspection, and quality control.

With hundreds of previous report productions and client representation for individuals, tribunal, and court matters allow us to provide the best quality service to you. This has also shaped our understanding and knowledge of regulatory requirements, services requirements, and compliance.

As such, our factual reports, coupled with qualification and detailed compliance requirements can be used for instruction about the tribunal matters.

What NCAT Preparation Documents You Need to Have?

To provide an “expert report” for submission to the Tribunal New South Wales Civil Administrative Claims Tribunal, you need to detail the requirements for report submission and costing details. See also your requirements for information in regards to your client dispute.

NCAT Preparation Documents required from the client

  • Contract or agreement, parties involved.
  • Brief written description
  • List of defects
  • Plans & Specifications
  • Contract Discontinuation
  • Stage of the Work
  • Court/NCAT details

If you haven’t provided these, you need to allow us to proceed to the inspection of the premises. We can examine the work as per the Australian Standards and statutory and regulatory standards. 

In this way, the expert witness reports can be legally enforceable. The compliance and condition can be tested and measured in this way. 

We’ll examine the contract and the attached reference such as the plans and specifications. Concerning the work and dispute, we will also provide you our view on the responsibilities.

Without a site visit, it wouldn’t be possible to comment on the work. So, it’s essential to do a site visit and view the “scope of works” documents well ahead of that site visit.

But if you’re able to provide these documents, these could be of great assistance before we visit the site and before report compilation. We can provide a report about the factual or compliance issues.

However, in terms of enforcement of rights under the contract, the expert witness reports are still necessary, you may or should also consult a solicitor. For the acceptance of evidence and claims, appropriate procedures must be followed.

What Happens After Submitting the Expert Witness Reports?

After submission of the expert witness reports, a solicitor could be engaged. Gauge and determine if a resolution can be achieved before the Tribunal hearing.

If the matter will proceed to tribunal full hearing, you can leave for representation at the hearing by a solicitor. This is due to the complexity of the documentation presented and procedural requirements at a hearing.

You’ve established and provided details of the agreement and contract specification and plans illustrations or the arrangement details that constitute the agreement.

A timeline chronology of events from start to finish should be provided to the solicitor and us. The details you provide should suffice. The value of the expert witness reports should determine compliance with contracts, regulations, variations, and original agreements. 

Expert Witness Report Costs and Other Fees

Expert Witness

The cost of the expert witness reports depends though on the defects report and report documentation for presentation to the Tribunal or Court. Specific requirements for tribunal expert witness submissions must adhere to acceptance. 

As the matter is already at the tribunal hearing stage, it’s essential to provide the file no. of the case and orders in regards to the expert witness directions with the documentation also. 

To provide court or NCAT documents, after an initial defect report, statement, resume expert witness, and declaration preparation of expert witness documents in the format required by the NCAT as compliance would be more than $1000 value for most standard matters.

For court or tribunal attendance, we charge $200 to $300 per hour, with a minimum of four hours. 

Scott Schedule

Effective Building & Consultancy also provides a “Scott Schedule” depending on the complexity and details. Scott Schedule is an additional document required by the NCAT or Court which outlines the Applicants and Respondents evidence. It also includes the cost estimates of each item claimed in regards to building defects, incomplete works, or variations to the building contract.

Asking a Scott Schedule will involve additional hourly rate costs of $200 to $300 per hour. 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 extra cost of preparation of any costing.

We are bound by the court’s code of conduct in these matters.

To confirm, you need to go ahead with the appointment. Before attending, we require the security of service payment by credit card, either MasterCard or Visa. Just like the other building inspection companies, we also use the same system.

Please contact us to provide your remittance and other further instructions, as this is important to confirm and lock in your appointment.

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About Elie Farah

Elie Farah is a Building Consultant with over 25 years of experience in the property industry. Elie has specialised knowledge in development acquisitions, blue-chip properties and inspections, as well as flood-affected and waterfront properties, heritage buildings, bushfire management and existing use rights.

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