Some time ago I completed expert report on a particularly badly executed earthworks on a farm just outside Melbourne. This is what I had to say(among other things):
It is evidently clear from the information supplied by the client and from the inspection that the contractor has:
Failed to provide appropriate complaction equipment
Failed to provide experienced operators.
Failed to complete works as agreed.
Failed to construct works as per drawing.
Failed to construct works to acceptable standard
As a result of the above:
Repaired dam is in danger of being washed away.
New dam is in danger of being washed away.
New bridge will wash away as there is no rock wall backwash.
The road will wash away.
Nothing was done by the contractor to rectify defects and “surprise, surprise” few months later the prediction came true to the letter, everything washed away. The matter went to VCAT hearing where my client won the refund of most of the money paid to the contractor.
I am no Nostradamus but I was right and it is a great confidence boost for the expert witness to show the initial prediction was proved correct to the letter.
My client had some difficulty recovering the award, having to obtain a court order. It’s only when the Sheriff went to seize contractor’s trucks that he wrote out a cheque for the amount.
