Project Background
MJ Engineering Projects was engaged as an expert witness to assist the Owners Corporation of a multi-building 355 lot residential complex in Parramatta. The brief was to independently assess building fabric and façade performance, interpret compliance against the BCA and relevant Australian Standards, and prepare an expert witness report suitable for use in dispute resolution. Our role covered the review of historical inspection records, targeted investigations across façades and common property, and the preparation of clear opinions on causation, liability and reasonable rectification.
Scope of Expert Witness Report
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Review documentation provided including the Development Consent, Construction and Occupation Certificates and Fire Safety Schedule.
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Site investigations to identify minor and major defects and any systemic causes affecting multiple elevations.
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Preparation of a structured expert witness report setting out methodologies, findings, photographic evidence, opinions on cause, and recommended rectification in compliance against the NCC, BCA, HBA, Schedule 7 of the Uniform Civil Procedure Rules 2005 and NCAT Procedural Direction 3: Expert Witnesses.
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Assistance to the client’s legal team with clarifications, schedules in reply and responses to opposing position.
- Incorporate conclave agreements into a refined scope so tenders reflect the narrowed issues and evidence base.
Key Challenges and Solutions
Complex defect patterns across multiple buildings
The complex comprised several buildings with repeating details. That created clusters of similar issues such as slab edge cracking adjacent to brickwork balustrades and delamination around movement joints. We mapped these patterns so the expert witness report addressed both localised items and the wider design and workmanship themes. This allowed the Owners Corporation to argue for regulated designs and building-wide solutions where appropriate rather than isolated patching.
Waterproofing interfaces and proof of water tightness
Several items turned on whether interfaces were water tight, including brick ledges, planter box junctions and courtyard transitions. Our investigations prioritised testable evidence. Where appropriate we recommended controlled spray testing and flood testing, documented the set-up, and interpreted results in plain language so the expert witness findings were persuasive to non-technical audiences.
Live occupation and safe access
Access to façades and soffits needed to occur in a live environment. We scheduled investigations to minimise disruption, used elevated work platforms or rope access where required, and ensured all testing and opening-up works were reinstated safely. This approach supported continuity of occupation and prevented secondary damage.
Disputed positions and schedules in reply
We prepared a schedule in reply that aligned each point of contention with evidence, standards and a proportional rectification scope. This enabled the client’s legal representatives to progress negotiations using a single, authoritative expert witness document rather than a loose set of emails and photos.
Conclusion
The expert witness report delivered clear, defendable findings that separated symptoms from causes and linked each recommended fix to compliance requirements and good building practice. By consolidating repeated façade and waterproofing issues into a coherent narrative, the Owners Corporation gained leverage to pursue durable rectification and avoid piecemeal repairs that would fail prematurely.
For clients, the value of an expert witness is independence, clarity and practicality. Our expert witness reports are written so they can be understood by owners, lawyers and tribunal members alike, while still meeting the standards expected of technical evidence. If you need an expert witness to investigate façade performance, waterproofing failures, movement joint design, or structural cracking, MJ Engineering Projects can help you gather the right evidence, articulate the case, and chart a practical path to resolution. Contact us today.
