WORTHINGTON CUNNIFFE & ASSOCIATES PTY LTD
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Expert Witness & Reports

Our main role is in the provision of compliant and admissible Expert Reports in our capacity as Expert Witnesses in Tribunals, and Local, District, Family Law Court, Federal and Supreme Courts. These cover a broad range of building elements and incidents, including building products and building safety accidents and incidents.

The Evidence Act 1995 (Cth) applies in Australian federal courts, with various state evidence legislation applying in the States and Territories. The Evidence Act 1995 (NSW) applies in NSW courts and some tribunals. The Evidence Act 2006 (NZ) governs the rules of expert evidence in New Zealand.

Our compliance with the respective Codes of Conduct is confirmed with the tendering of a signed Expert Certificate in accordance with Section 177 of the Evidence Act 1995 (Cth).

Progress Inspection Reports

Construction and risk go hand-in-hand. Construction project participants are constantly dealing with challenges that arise from budget, schedule, and staffing limitations, and it is rare for all parties to see eye-to-eye during construction. Even the best-planned project can encounter disputes. Unexpected circumstances, disruptions, and delays - and their financial consequences - can damage reputations, drain resources, and place projects in jeopardy.Timely progress reports can help keep the project moving.

Expert Witness & Reports

Our forensic building reports are often to target isolated issues, such as structural, waterproofing, tiling and painting.​ Structural issues might include foundation movement, slab cracking, brickwork cracking, frame and structure deflection, building failure/collapse and swimming pools. Waterproofing issues would include internal waterproofed areas such as showers, spas etc, balconies and decks, swimming pools, tanks and cellars, windows, facades, retaining walls, and basements. Tiling would include cracking, buckling, discolouration, and grout failure. Painting issues would include poor finish and preparation, inappropriate materials, and causes of premature deterioration.

Building Dispute & Mediation

Mediation can often be the quickest and cheapest solution to a building or construction dispute. However, mediation will only work if there are two willing parties, and that is not always the case.

Recent Cases

  • Defects Inspection Report on the common areas and 20-apartment complex following major refurbishment.
  • Progress inspection 243 lot apartment complex, comprising residential flat buildings of 4 levels with 1 level of basement car parking.
  • Defects Inspection Report on common areas and 16 apartments of a 346 lot strata apartment complex, comprising 6 residential flat buildings of between 6-10 levels with 2 levels of basement car parking.
  • Defects report for an insurance claim on storm damage.
  • NCAT Owner – Builder Dispute 5-storey refurbishment and new construction.
  • NCAT Contractor – Builder Dispute 5-storey retail and residential complex.
  • Consulting Industrial Site – water damage. Hydraulic engineer design of new guttering and drainage. Structural engineer assessment of structural strength of framework. Roofing contractor selection to replace the roof plumbing and roofing sheets.
  • NCAT Owner – Builder Dispute. Mediate handover and defect management process.
  • Supreme Court Owner – Owner Builder Dispute. Major defects. Two expert reports, Two engineering reports.
  • NCAT Contractor – Owner Dispute. Supply & installation of fire-rated windows, doors and shutters. Conclave with Cladding Expert.
  • NCAT Owner – Builder Dispute. Defects at handover. Expert Conclave.
  • NCAT Owner – Builder Dispute. New duplex construction handover defects. Negotiated settlement.
  • NCAT Owner – Developer/Builder Dispute. Strata managed apartment builder. Waterproofing.
  • Insurance Claim Expert Report by Owner – Termite Inspection Report. Matter settled.
  • NCAT Owner – Developer/Builder Dispute. Strata managed apartment complex.
  • Home Warranty Claim Expert Report. Builder in voluntary liquidation. Quantity survey of works completed and works to complete.
  • NCAT Contractor – Owner Dispute. Waterproofing. Matter settled.
  • NCAT Owner – Developer/Builder Dispute. Strata managed apartment complex.
  • NCAT Owner – Developer/Builder Dispute. Strata managed apartment complex.
  • Supreme Court Owner – Builder Dispute. Expert Conclave.
  • Supreme Court Owner – Builder Dispute. Duplex Expert Conclave.
  • Insurance Claim Expert Report by Owner – Termite Inspection Report.
  • NCAT Owner – Developer/Builder Dispute. Expert Report on rectification carried out.
  • Supreme Court Owner Builder – Owner Dispute. Expert Report quantity survey take off for 2014 – 2016 build.
  • Supreme Court Owner Builder – Owner Dispute. Expert Report quantity survey take off for 2013 build.
  • Consulting Owner – Builder Dispute over variations and handover timetable.
  • NCAT Owner/Developer – Builder Dispute. Refurbished 4 storey historic building conversion to apartments. Final payment withheld. Expert Report defect.
  • NCAT Subcontractor – Supplier Dispute. Expert Report on value and process of roof replacement.
  • Consulting Owner waterproofing inspection and rectification report.
  • Home Warranty Claim Expert Report. Builder in voluntary liquidation. Quantity survey of works completed and works to complete.
  • Home Warranty Claim Expert Report. Builder in voluntary liquidation. Quantity survey of works completed and works to complete.
  • NCAT Owner/Developer – Subcontractor Dispute. 66 Unit townhouse development. Quantity survey of defected and incomplete works.
  • NCAT Owner – Builder Dispute. Duplex. Final payment withheld. No defects. Settled with Security of Payments.
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