Updated 6 December 2021
This resource provides information about how to work with building experts to support your domestic building dispute claim.
This resource covers:
This fact sheet is relevant to self-represented homeowners who intend to pursue a claim against their builder at VCAT, and are considering using an expert witness.
Except in some limited circumstances, you must make an application at DBDRV, and complete the DBDRV process, before you can commence domestic building proceedings at VCAT.
You may be able to ask DBDRV to appoint an Assessor to inspect the builder’s work at your property. You should ask DBDRV about this option.
If you are confused about where you should go to resolve your dispute, please have a look at our resource Domestic building disputes – where to start.
An expert witness is a person who has specialised knowledge about a subject matter because of their training, study or experience.
An expert witness’s professional opinion can be useful as evidence for your claims against your builder.
However, this is only the case if the expert’s opinion:
For example, a plumbing expert generally won’t have specialised knowledge about plastering.
Remember:
Expert witnesses must abide by the requirements set out in the VCAT Practice Note on Expert Evidence.
It is important to choose an expert with appropriate expertise to give evidence supporting the matters you need to prove in your claim. For example, if you allege the builder’s works were defective, you should:
Once you have identified the right type of expert you need as your expert witness, do some research and make a shortlist of professionals with that expertise. Consult them to find out whether you would like to engage them as your expert.
When consulting an expert, you may consider asking the following questions:
You might be able to recover the costs of engaging an expert if you are ultimately successful in your claim at VCAT.
For more information about what you could include in your claim at VCAT, please see our fact sheet What can I claim at VCAT?
It can be a good idea to speak with an expert over the phone before engaging them. This will give you an idea of how they might present as an expert witness at VCAT.
It is important that you instruct your expert appropriately by providing them with a detailed letter of instruction.
You should include in your letter of instruction:
It is important to identify the right scope by asking the expert to respond to the right questions. The expert’s answer to your questions will become the evidence you need to prove your claim.
When identifying the scope, be careful not to instruct the expert as to your opinion of the cause. It’s important that the expert’s responses are impartial and objective.
How to identify the scope:
When giving instructions to your expert, you should make clear whether any of the background materials or information you have provided them are assumptions.
For example, assumptions may be that:
You should make sure that you can prove the assumptions that the expert is relying on to the Tribunal. If the assumption cannot be proved, then the Expert’s professional opinion would not be very useful as evidence.
If you find out that the assumptions you told the expert is wrong after the expert’s report has been prepared, you will need to ask the expert to amend the report to reflect the changes.
Be careful what you include in your letter of instruction to the expert, because the other party may be able to see it. Often, your letter of instruction will be attached to the expert report when it is submitted to VCAT.
Also, anything you have communicated with or instructed to the expert may be discoverable. This means that the other party in your legal proceeding can request to see it.
This resource was last updated on 6 December 2021. This is legal information only and does not constitute legal advice. You should always contact a lawyer for advice specific to your situation. Please view our disclaimer for more information.