Building Expert Witness for Homeowners
An expert witness is someone who has specialised knowledge in a specific field. They are asked to present evidence for legal proceedings. Are you a homeowner or investor, builder, developer, or insurance and loss adjuster? No matter what! There may come a time when you need a building expert witness to back up your claims. Unfortunately, we hear the same story quite often from clients. They hired a builder to work on their building. Afterwards, they noticed significant damage and structural problems. However, the builders refused to take responsibility. After speaking with us, our clients agree to have a thorough building inspection and forensic investigation. Now they’re determined to find the cause of the damage. Almost most of the time, we conclude that the damage is due to poor or inexperienced builders.
Building Expert Witness for Builders and Insurers
On the other hand, we have also worked with builders and construction companies that were falsely accused of causing damage to a building. When in reality, it was caused by harsh weather conditions or normal movements in the building’s footings. In both situations, several of our clients were forced to go to court to prove their cases. However, a judge isn’t going to rule in someone’s favour based on assumptions. That’s why you need a building expert witness.
Not Sure if you need a Building Expert Witness?
Not only are legal proceedings over the quality of building works and workmanships time-consuming. But they are also extremely costly to resolve in court. Evidence shows that over 40% of court settlements go to legal experts. Which is why the early settlement is preferred. That’s why MFS Engineering provides you with an independent and objective opinion on technical matters. This way we help you fully understand your case prior to committing to such an expensive practice.
However, there are some disputes regarding building damage that can only be settled in court. It can be both frustrating and overwhelming to collect every piece of information required by the court for your case. Also juggling interactions with lawyers and builders is no fun either. This is where MFS Engineering can help.
MFS Building Expert Witnesses
1. We are with you every step of the way. A senior forensic structural engineer can help you prepare for your court case and present your evidence before a judge. You should note that judges are not engineers. Therefore, having a persuasive engineer as an expert witness can be a great help. It assists the judge to understand all technical matters related to the case.
2. We have seen it all (almost). MFS Engineering is specialised in the investigation and structural failure analysis. We have years of experience in the Forensic Structural Engineering field. Through these years, we have gathered an invaluable database of cases and scenarios. We know what can go wrong with a structure during design, construction, and even after several years of occupancy.
3. We provide Independent Building Expert Report. An expert witness is someone who is an expert in their field. They can use their specialised knowledge to attest to the validity of evidence in court. An expert witness, such as a forensic engineer, must be able to help their client. But they also have to abide by both the laws of the court and a code of ethics.
4. We know the language of Law. Our forensic engineers can act as expert witnesses in structural damage cases. Why? because they not only have experience regarding structures but also possess a working knowledge of the legal system. They are able to use appropriate language in court to convey their message. Using anyone other than a forensic engineer as an expert witness for your court case could be damaging. Be careful that the improper use of litigation vocabulary can tarnish your case. Furthermore, forensic engineers are familiar with court settings. They know precisely when to introduce reports for the most significant impact.
5. We comply with VCAT requirements. Are you involved in a dispute over structural failure or cosmetic property damage? Then, it is necessary to engage an experienced, knowledgeable, and persuasive expert witness. Hence, our senior forensic structural engineers can act as expert witnesses at MFS Engineering. They assist you in relation to disputes lodged with the Victorian Civil and Administration Tribunal (VCAT). Our reports are completed in a VCAT-compliant format, known as ‘Practice Note-PNVCAT 2.’
« Finally, we provide independent opinions on the cause of structural damage for cases that go to VCAT and save our clients costly fees »