Expert evidence, building expert prevails, owner builder ordered to pay damages.

Just freshly out of a VCAT hearing where my client has been successful in getting order against owner builder for defective work.

My client had purchased an owner built property and had done everything right but still got a wrong outcome. In saying that he had done everything right he relied not only on owner builder’s section 137b report but also on a pre purchase report.

Soon after purchase, garage deck leak became evident and also many other problems

I was called to prepare a defect report. I was critical of the owner builder, the council and the 137B report.

My client settled separately with the council and the company that prepared 137B report

The matter went to VCAT hearing after unsuccessful mediation.

The builder was poorly prepared and did not have expert support.

My client was well prepared, did his homework and called me to give expert evidence.

My evidence detailed the defects and the cost to rectify and my arguments and the quantum of damage was mostly accepted.

My client was fortunate enough that his case was so strong and the builder’s position so weak that he also managed to get a refund of his expenses for my reports and my ¬†attendance, in the award.

The moral of this story?

If your cause is just and you are well prepared and well supported you will have a great chance of prevailing. Do not allow yourself to be outgunned.

 

 

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