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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.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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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