Expert Witnes Service

Expert witness reports and litigation Support Need help?

Building Expert Witness (NCAT or all Courts) Litigation support

What is an expert witness?
Is a person whose level of specialized knowledge or skill in a particular field qualifies them to present their opinion about the facts of a case during legal proceedings.
An Expert Witness can be anyone with knowledge or experience of a particular field or discipline beyond that to be expected of a layman. The Expert Witness’s duty is to give to the Court or tribunal an impartial opinion on particular aspects of matters within his expertise which are in dispute.

For Building Claims or Litigation in (NCAT tribunal or Court).
You will need a Building Expert Witness Report if you intend on making a claim in the court or tribunal for litigation (NCAT), whether you are a builder, tenant or an owner in a dispute. This is where Sydney building consultants can assist you. Joseph Alexander Ovidi is the Senior ( Grad1)Consultant for Sydney Building Consultants and has been completing Expert Witness Reports for owners and builders in relation to Building Defects, Incomplete Building Works and Non- Compliant works for many years. In NSW, Builders are required to complete building contracts in accordance with the Home Building Act 1989 (HBA), Building Code of Australia (BCA) now known as National Construction Code (NCC) and all relevant Australian Standards (AS).
Joseph Ovidi has over 30 years’ experience in the building and construction industry for residential and commercial buildings. In the last 20 years as a Building Consultant, he has been working with lawyers, builders and owners on residential and commercial matters.
The Expert Witness Report includes all relevant evidence, methods of rectification and cost estimates to rectify defects and incomplete works. In the majority of matters a 'Scott Schedule' is also required to summarise the Report and cost claim in litigation matters.
Our area of expertise is all aspects of construction litigation support. We are also fully aware of the requirements of NCAT and other Court jurisdictions in the set out of an Expert Report and adhere to the relevant Code of Conduct and requirement of submitting our Curriculum Vitae of our building expertise and technical knowledge for these reports.
Many disputes can also arise from variations to the contract. We are experienced in assessing variation claims against the original contract documents and can include these in an Expert Report.
We are also experienced in conclave meetings and giving evidence in relation to our reports in court or NSW Civil and Administrative Tribunal (NCAT). Additionally, we are familiar and comply with all the Court and NCAT Codes of Conduct.

An Expert Witness will

  • Provide an independent expert opinion in their area of expertise on the subject matter in accordance with the instructions they are given. These instructions will be shown in it which will be seen by the other side and the Court.
  • Provide the opinion in the form of a report and/or evidence before a Court (or another tribunal) as required. The report is required as it is not usually possible for the Expert to give evidence without it.
  • Ensure the Expert’s Report provided to you contains the information required by the Court Rules. If you proceed you will have to give a copy of the report to the other side in the dispute. At that time a copy of the other side’s Expert’s Report will be given to you.
  • Comply with the specific procedure rules applicable and any Court or tribunal Orders in the case.
  • Provide truthful, impartial and independent opinions whether or not these opinions favour your case.
  • An expert witness has an overriding duty to the Court (or other tribunal). This duty supersedes any duty owed to you even though you are still responsible for paying the expert’s fees.
  • The Court expects an expert witness to be independent and impartial and will discount the evidence of one who is or is seen to be partisan.

Contact Joseph Ovidi directly on 0498531827
Joseph Ovidi is an accredited (Grade 1) building consultant Master builders building consultants group.
Joseph Ovidi is a full Member of the Australian society of building consultants. NCAT expert reports.