Building Expert evidence prevails in VCAT

Recently I appeared as expert witness in a failed bathroom tiling dispute. The tiles had failed and had cracked because of defective waterproofing and shower enclosure leaks caused swelling of tiling sub strata.

The home was approximately seven years old. The dispute went to mediation but there was no result.

Builder (one of the largest home builders) was claiming that it was the owner’s lack of maintenance (of shower door) that has brought about the defect and particularly that it was the owner that had left loose water on the tiled surfaces. (that was allegation without proof)

I had inspected the bathroom and found high moisture readings in skirting and higher up the wall and the thermal imaging confirmed the extent of the dampness.

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My evidence prevailed and the owner was awarded the cost of repairs (from my estimate of costs) and of my report and appearance.

I must congratulate the owner for persisting in the face of adversity against one of the largest house builders. His determination and preparation together with the use of expert evidence had got him the result.

Of course it does not matter what I say because what the owner says is all that matters

Dear Branko

In regards to my VCAT claim against xxxxxx xxx P/L yesterday, I wish to sincerely thank you for your Expert Witness Report and Expert Witness attendance at VCAT.

I believe that your input significantly contributed to the very favourable result. 

Apart from your building expertise, your experience at VCAT and its processes took much of the unknown away from me, which enabled me to focus on representing myself to the best of my ability. 

I would highly recommend your services to anyone who requires a Building Expert Witness report and/or attendance of a Building Expert Witness at VCAT. 
Kind regards 
Michael Rxxx   (name witheld)

 

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