In this case a tiling contractor was not paid approximately $9000 for allegedly defective work and was facing trumped up owner’s counter claim of more than $70, 000, enough for anyone to get a splitting headache.

The owner, a qualified civil engineer engaged a building consultant and a barrister in pursuit of his defence not to pay and in support of a counter claim.

The contractor, a lovely lady, engaged me to prepare expert report and to appear as expert witness in VCAT proceedings.

My expert evidence proved that the respondent’s methodology of testing (on which counter claim was based) was flawed and not only unreliable but also tainted .

My expert evidence prevailed and discredited the counterclaim. In combination with other witnesses and a solid performance from the contractor won her the judgment.

Score: Building Expert 1: Engineer+Barrister+Building consultant, Nil

Full decision: http://www.austlii.edu.au/au/cases/vic/VCAT/2012/712.html

This is what my client said:

We won!

Hi Branko

I have just received the order from VCAT for  Mr. xxxxxx  to pay us $8108.10.

 

Thank you so much for all your help.

Kind regards