Expert Evidence

The Advantages of Engaging an Expert Witness to Resolve your Construction Dispute

The New South Wales Civil and Administrative Tribunal (NCAT) is a tribunal that hears and determines a wide range of disputes across New South Wales, Australia. These disputes can range from tenancy disputes to consumer complaints and building disputes. The tribunal is tasked with ensuring that disputes are resolved in a fair and just manner, with a focus on finding solutions that meet the needs of all parties involved.

Recently, Seán McNally (quantum expert) was called upon to provide evidence in a building dispute case that was being heard by the NCAT. The dispute involved a homeowner and a builder who had been contracted to replace the roof on the homeowner's property. The homeowner claimed that the builder had breached the terms of the contract by failing to complete the work to a satisfactory standard, and that the work had resulted in significant damage to the property.

The builder, on the other hand, argued that the homeowner had been difficult to work with and had repeatedly changed the scope of the project, which had resulted in delays and additional costs. The builder claimed that any damage to the property was a result of the homeowner's own actions, rather than the builder's negligence.

As part of the proceedings, the NCAT called upon Seán to provide evidence on the financial impact of the alleged breaches of contract and the resulting damage to the property. Seán provided a detailed analysis of the costs associated with the project, including the cost of materials, labour, and equipment. Seán was also able to provide an estimate of the costs associated with repairing the damage to the property.

Seán was able to present his evidence in a clear and concise manner, making use of diagrams, charts, and other visual aids to help the tribunal understand the complex financial information. Seán was also able to answer questions from the tribunal and the parties involved, demonstrating his expertise in the field of quantum analysis and their ability to communicate complex financial information in a way that was easily understood.

As a result Seán’s evidence, the NCAT was able to make an informed decision about the dispute. The tribunal found that the builder had breached the terms of the contract and had been negligent in their work, resulting in damage to the homeowner's property. The builder was ordered to pay damages to the homeowner, which were based on the estimates provided by Seán.

The successful result achieved in this case highlights the importance of expert evidence in resolving complex disputes. By calling upon experts in their respective fields, tribunals like the NCAT are able to ensure that disputes are resolved fairly and justly.

In conclusion, the successful outcome of the building dispute case heard by the NCAT demonstrates the importance of expert evidence in resolving complex disputes. By providing specialised knowledge and analysis, experts like Seán in this case can help tribunals to make informed decisions based on objective data and evidence. The successful result achieved in this case serves as a reminder of the importance of impartial and objective evidence in the resolution of disputes, and the vital role that experts play in achieving these outcomes.

Contact us today to see what our Experts can do for you.

by Anvelo

5 Benefits of an Independent Evaluation of Your Construction Delay, Disruption or Defects

The construction industry plays a vital role in the progress and development of our society, as well as the infrastructure that supports our day-to-day lives.

Unfortunately, however, the construction projects that we have come to rely on don’t always go according to plan. These projects can suffer significant setbacks in the form of delays, disruptions or defects – and when this happens, the issue needs to be resolved in a way that is fair for every party involved.

This is where a Construction Expert Witness comes in.

In our previous article, we outlined exactly how to identify a leading Construction Expert Witness. We also explained each of the three types of Expert Witnesses available, including what their specific role is, and how they work to reach an outcome for you.

In today’s article, we will discuss the benefits that you’ll receive when arranging an independent evaluation of your construction delay, disruption or defects, and how this can lead to a better resolution overall.

What is an independent evaluation of a construction dispute?

In construction terms, an independent evaluation involves bringing in a third party to investigate the facts, and then assess and analyse the construction project or matter to provide the relevant parties with the information they need to make better decisions.

In the context of a construction delay, disruption or defect, an independent evaluator typically comes in the form of a Construction Expert Witness. When an Expert Witness is engaged, they come in and look at the facts to determine where the problem began, the root cause, and what are the effects of the root cause – gathering evidence to support their findings as they go.

What are the benefits of an independent evaluation?

There is a great deal of value that you stand to gain from hiring an independent evaluator to assess your construction dispute.

Let’s look at the most important ones in more detail below:

1. 1. 1. You will get expert technical knowledge and experience

A Construction Expert Witness brings a great deal of technical knowledge and experience to any situation. This expertise has been gathered over several years working deep within the construction industry, making them ideal in helping to determine a proper evaluation of the issue at hand.

An Expert Witness can also provide greater clarity, as well as valuable insights that may have been potentially overlooked by other parties to the dispute.

1. 1. 2. You will have a clear understanding of the process and requirements

Reaching an outcome in a construction dispute can often be a complex and drawn-out process, causing a great deal of frustration and confusion at various points along the way.

A Construction Expert Witness can provide you with a much clearer understanding of the process and requirements when looking to bring about a resolution to the issue.

In doing so, they can help you to keep up with proceedings and ensure that you are adequately prepared for each stage of the evaluation, such as providing evidence or additional information, to help reach an outcome faster.

1. 1. 3. Obtain greater certainty around the evaluation

When there are multiple parties involved in your construction dispute, it can be hard to have any certainty about what the evaluation should be.

However, when you engage the services of a Construction Expert Witness to provide an independent evaluation, they can offer you much more certainty about what the outcome of their investigation might be – and where your party stands in relation to it all.

1. 1. 4. Achieve third-party objectivity

One of the most valuable elements that a Construction Expert Witness can bring to your construction dispute is third-party objectivity.

This impartiality helps to eliminate bias, as well as the prospect of any one party taking control despite the conflict of interest, making finding a resolution a much fairer process and ensuring that the parties responsible are held to account.

This leads us to our final benefit…

1. 1. 5. Achieve a fair evaluation for all parties

This is ultimately the main reason why anyone should hire a Construction Expert Witness to conduct an independent evaluation – to reach an evaluation of the circumstance that is considered just.

Without a Construction Expert Witness, these kinds of outcomes are far more difficult to achieve, and one party will often come out far better off than another, regardless of who was at fault.

Our Anvelo Expert Witnesses are here by your side

Here at Anvelo, our Construction Expert Witnesses offer all these benefits and more to provide you with an independent evaluation to help resolve your construction project dispute.

We also have up-to-date knowledge of the industry, all relevant laws and current regulations, which means you can depend on us to offer top-quality Expert Witness services.

Check out our capability statement, which showcases some of the projects and experiences that Anvelo has been engaged with.

If you are looking for a leading Construction Expert Witness, Anvelo is here to help you.

Anvelo experts are leaders in Consulting and Advisory Services for Building, Civil, Construction and Infrastructure projects across Australia.

We take the time to gain a thorough understanding of your construction dispute and fully explain our findings to you and your team so that you can better understand your position.

At Anvelo, we are well-versed in what we do, and the way we do things makes all the difference when it comes to resolving your dispute accurately and fairly.

Contact us today to see what we can do for you.

by Anvelo

How to Identify a Leading Construction Expert Witness

The Australian construction industry is the backbone of the Australian economy. Without it, the infrastructure we all use as part of our personal and working lives would not exist.

The Australian construction industry alone consists of thousands of companies and over a million workers across several professions – including architects, builders, plumbers, electricians, carpenters, project managers and more. Collectively, they are responsible for the completion of countless construction projects every single year.

Due to the significant number of moving parts that are required to deliver a construction project, disputes can often arise between different parties.

How to resolve construction project disputes

In many situations, the resolution of these disputes are often aided by a variety of subject matter experts where their engagement is to review relevant facts and circumstances, and provide his or her independent expert opinion for the purposes of dispute proceedings.

This subject matter expert is referred to as a Construction Expert Witness.

Anvelo offers three types of construction expert witnesses:

•       Quantum Experts
•       Delay Experts
•       Disruption Experts

In this article, we outline each of the above types of construction expert witnesses, explain exactly what they do, and the importance of their role in the dispute resolution process.

What is a Construction Quantum Expert?

A Construction Quantum Expert is a trusted subject matter expert in the field of construction cost calculations and analysis. Often, a Construction Quantum Expert is engaged to calculate actual or forecast costs associated with a delay and/or disruption event(s), variation(s), acceleration measures, or some other circumstance that has or will incur additional costs by a party. 

What is a Construction Delay Expert?

A Construction Delay Expert is a trusted subject matter expert who can identify the root causes of why a project is delayed. The role of a Construction Delay Expert is to review and consider project facts, contemporaneous records and key events of contentious matters. His or her role is to identify and apportion project delays to their respective root causes. 

What is a Construction Disruption Expert?

A Construction Disruption Expert is a trusted subject matter expert who can interrogate the performance of a constructor. He or she is able to establish uninterrupted performance (i.e good productivity) versus a period of interrupted performance (i.e bad productivity). A Construction Disruption Expert is then able to calculate the additional costs expended by a constructor in its ability to carry out works due to circumstances faced beyond the constructor’s control.

Why are Construction Expert Witnesses necessary?

Construction Expert Witnesses have a vast amount of knowledge within the industry, typically gained through years of experience working in construction. This enables them to make professional, well-informed evaluations and opinions about contentious matters.

Being an impartial 3rd party, he or she takes the bias out of the dispute resolution process. Conducting his or her own extensive research of the contemporaneous records to arrive at a conclusion (in the form of an independent expert report), based on facts and findings. He or she follows a process paved by recognised guidelines to establish the issue(s), compile the evidence that supports the issue(s), and ascertain the effects stemming from the issue(s) - whilst considering all other relevant circumstances that may influence the final results.

What are the qualities to look for in a Construction Expert Witness?

Now that you know what a Construction Expert Witness is - how do you go about finding the right one for your situation?

Given that there are three different types of expert witnesses relevant to this article, it’s important to ensure that you look for one who can handle the complexities relevant to your specific dispute. Each expert will naturally be more suited to a certain field - no two (2) experts are the same.

Factors to consider when choosing a Construction Expert Witness include:

1.     Recognised education, qualifications and credentials from prestigious professional bodies.
2.     The breadth and depth of his or her construction industry experience and whether this aligns with your construction dispute.
3.     His or her reputation.
4.     Effective communication skills, excellent service, and the ability to meet deadlines.

Here at Anvelo, our Construction Expert Witnesses embody these attributes (and more!) to provide you with the trust and competency you’re looking.

We also have up-to-date knowledge of the industry, which means you can depend on us to be at the very forefront when delivering sound and up-to-date professional services.

Check out our capability statement, which showcases some of the projects and experiences that Anvelo has been engaged with.

If you’re looking for a leading Construction Expert Witness, Anvelo is here to help you.

Anvelo experts are leaders in Consulting and Expert Advisory Services for civil, rail, building, construction and infrastructure projects across Australia and beyond.

We take the time to gain a thorough and deeper understanding of your construction dispute and provide a clear understanding of our findings. This will enable you and your team to gain a better understanding of your position.

At Anvelo, we are well-versed in what we do, and the way we do things can make all the difference.

Contact us today to see what we can do for you.

by Kris Loyola