Some time ago I inspected failed fibreglass in ground swimming pool.
The entire pool tilted and was 100 mm out of level (think of a listing ship)
The pool was under statutory warranty and under a ten year builder’s guarantee.

Notwithstanding that builder claimed that he wasn’t responsible because he had done everything right and it was an act of god.

The dispute could not be settled and went to VCAT compulsory mediation.My client’s brought me as their expert witness.

Builder turned up with his design engineer and proceeded to fire reasons why he should not be responsible. Supporting him was the engineer and they were blaming exceptionally bad ground, the draught and circumstances beyond builder’s control.

Luckily I knew a bit about soil mechanics from my degree in building and the external subject I took at the school of engineering.

This enabled me to pick out red herrings and, misleading statements and largely irrelevant input from the engineer.

I was able to neutralise and deflect the arguments and the remaining facts as stood were.

1 the pool was under warranty and the guarantee
2 Builder was responsible for design and construction performance
3 Builder failed to obtain soil test
4 I was able to show lack of skill and care in relation to other defects and a breach of statutory warranties

It was tough going for about four hrs and when finally builder exhausted all his arguments and we stood firm he blinked.

Builder promised to replace pool shell with new AND IT WAS DONE!

This was a very good outcome but still a very unsatisfactory, stressful and costly experience for my clients.

The moral of the story is that if you don’t bring your expert you may well be outgunned.