If you are involved in a dispute that has become a litigious matter, Tyrrells are well placed to assist you with independent Reports suitable for use in the NSW Civil Administrative Tribunal (NCAT) or the Courts.
Expert Reports are compiled in specific forms such as the inclusion of a Scott Schedule & typically contain photographic or other evidence annexed that has been relied upon such as a contract & plans. It will also contain the Expert’s CV, a statement relating to their experience & ability to provide expert opinion and, their agreement to comply with the Expert Witness Code of Conduct in the relevant jurisdiction.
- answer specific questions or instructions
- identify and analyse the main issues including defective & incomplete work
- can often include cost estimates to assist you in quantifying your claim
- require the Expert Witness to collect evidence &,
- is prepared in a form acceptable to the person, Tribunal or Court.
In a small number of cases, experts may need to attend the hearing in the Court or Tribunal as your Expert Witness.
A specially trained building consultant with expertise in Tribunal, Mediation, Arbitration, Reference or Court procedures.
The consultants within our team who are assigned to Expert Reports have decades of construction experience in addition to years of experience as Building Consultants.
Tyrrells is well regarded in legal circles as a provider or high quality Reports & we pride ourselves on our track record for delivering positive results for our clients.
Expert Reports are typically available within 3 to 6 weeks following the inspection.
Please note, our Building Consultants will often have several matters running, all with their own set of timeframes.
Courts/Tribunals & legal professionals are well aware of the usual timeframes & any instructions from Directions Hearings take this in to account when scheduling further hearings.
It is important you or your solicitor advise us when your Report is due so we can adhere to your timeframe.
Tribunal/Court Members require accurate & independent advice about the relevant issues in a dispute.
The Applicants and/or Defendants views regarding the items in dispute may be wrong and it is essential that any opinion reached by an Expert include any supporting information from the various regulations, Building Codes and Australian Standards.
It also imperative that clients understand an Expert opinions will be subject to the scrutiny of the Tribunal/Court. An Expert must remain independent & not advocate for their clients.
When assessing the cost estimates of the claim, our Experts use Tribunal/Court approved cost schedules as builders/trades quote are deemed subjective.
The cost of Expert Reports depend on many factors including your or your solicitors instructions, the extent & severity of issues, the value of the construction and any claims.
Whilst the cost of an Expert Report is an important factor in who you choose to be your Expert, know that Tyrrells will always act fairly & honestly with you.
Whilst we do not offer fixed fees for these services, we will be upfront regarding our estimate of fees.
Email or call our team today for further information.