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.