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Hi Guys,
Can anyone out there suggest a link, site or reference where I can look into the rights an owner's corp have against an expert they engaged in a defect claim that delivered a poor report that does not match the outlay in fees and was very delayed in submission resulting in a number of costs orders against the owners as well as an order preventing an new evidence being submitted.
I have looked at the Expert Witness Code of Conduct on the CTTT site and in the HBA, but there is not much there to assist owners in this particular instance. I assume it will come down to terms and conditions of the contract for services; the problem here is that the contract was signed several ECs ago and it doesn't appear to have been retained on file by the strata manager or previous ECs.
I think I know the answer (and it's not good)…but any positive suggestions would be welcome 🙂
Cheers,
G563
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If you can prove negligence, you may have a claim against them via their professional indemity insurance. Whether or not it will fly is a whole other issue. Talk to a lawyer experienced in strata defects before you do anything else.
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Hi gimp563
There are three potential avenues available to you – breach of contract, negligence and/or Trade Practices Act/Fair Trading Act (now Australian Consumer Law).
Your ability to successful sue using any of these avenues depends upon the facts.
Feel free to give me a call to discuss.
Regards
Chris KerinPartner – Building Defects
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