Expert Witness Adventures
That's right, adventures rather than meeting real experts.
In some matters, an expert in a tribunal matter will test you to your limits.
How does this happen?
It goes like this. An applicant tells their expert what they want to be stated at the tribunal, so the expert states, "I was asked to assume the following."
This delays the end process and costs both parties thousands more in legal and expert costs.
What we do is say, no, sorry, that is not a proven defect as it is not a breach of the NCC......
An applicant then says, "But I don't like it!" I say? "Then don't look at it!
I agree that this may sound harsh, but at times, the onus of truth is tough.
When I meet with other experts at a Conclave, over 50% of their items are frivolous and should never have been tested.
So add it up.
If the legal cost is $60,000 and 50% is frivolous, then that's $30,000 of wasted fees both parties have expended.
Always ensure making a claim against the builder that your alleged defects are an actual breach of the NCC.
This way, the builder has nowhere to go but to agree with you and fix what is claimed so as to prevent all this legal BS.