Dispute Resolution In Construction

The Building Dispute Resolution Process – Experience Matters

When it comes to choosing a building consultant to assist in resolving disputes, you should never base your decision solely on price. It takes years of dedication and experience to be able to assist with complex disputes, and in such cases you need assurance that your needs will be looked after.

As an expert witness and senior consultant, I am well placed to assist with such disputes. In this blog post, I’ll be highlighting the value of my NCAT, Civil Court and Dispute Resolution services.

Why do I need an expert?

Complex matters put before the tribunal can take months until they are fully resolved. Building disputes are never straightforward, and by having an expert compile a detailed written report you can be assured that no stone is left unturned. I am also willing to provide expert evidence in order to support your case. Put simply, engaging a senior building consultant will add credibility to your case by acting as a voice for your concerns in addition to equipping you with knowledge and professional advice.

The NSW Civil & Administrative Tribunal (NCAT) recommends engaging an expert for all complex matters. Having worked in the building industry for 40+ years; my specialised knowledge, skills and qualifications have enabled me to support countless cases presented before the courts, and I would welcome the opportunity to assist you too.

Building Disputes – How I can Help

Experts are called in when evidence is required for home building matters. Utilising my professional expertise, I can clarify and address all points and facts presented throughout the case. Please note that as an expert witness I must remain neutral and independent.

I can assist in the following ways:

  • Providing professional opinion on various matters
  • Advising and clarifying, with strong written/photographic evidence, the specific cause of the dispute
  • Addressing the need for repair/rectification works
  • Proposing a suitable repair method, as well as cost estimates

It is important to select a building inspector with a long history in the field, as NCAT takes qualifications, skills, experience and the way a report has been prepared into account when weighting all evidence.

I have been completing documented evidence and reports for NCAT, The Building and Construction and Industry Security of Payment Act NSW (SOPA) 1999 and the QLD Building and Construction Industry Payment Act (BCIPA) since 2010.

Key Considerations Prior to Engaging an Expert

Before engaging an expert building consultant, you need to consider the following:

  1. The issues you require assistance with, and whether the prospective expert has the skills/expertise needed to provide useful advice in these areas
  2. The total value of your dispute – in some cases, the value of the dispute may be less than it would cost to engage an expert.
  3. Will the expert need to appear in court as a witness in proceedings, or will an expert report suffice?

Preparing expert reports is a costly and time-consuming endeavour, so you should always ask a prospective expert for an estimated cost prior to engagement. In some cases it may be possible to recover the costs of engaging an expert from the other party, pending a successful outcome before NCAT. However, this is not true in all cases.

Involved in a Building Dispute? Contact SBDIR Today

With 40+ years experience in the building industry, along with a wealth of knowledge regarding materials, their applications, installation and compliance and rectification of defective works; SBDIR are well placed to assist with your dispute. Please contact me on 0419 416 040, I would be more than happy to discuss your case.

For further information on engaging an expert and preparing for hearing, please see the NCAT website.