Expert Witness Services

Australia’s Leading Building Expert Witness

With over 15 years of tribunal-accepted expertise, City Wide Building Consultants provides authoritative expert witness services for construction disputes across Australia. Led by Mario Bournelis, a licensed builder and licensed building supervisor, we deliver evidence that legal professionals and tribunals consistently rely upon.

Our expert reports and testimony have been instrumental in NCAT, District Court, and Appeal Panel proceedings spanning residential, commercial, and industrial building disputes from 2014 to 2025.

NCAT Expert Reports

We prepare comprehensive defect analysis and cost of rectification reports that comply with NCAT Procedural Direction 3 “Expert Witnesses”. Our reports include:

  • Detailed site inspections with photographic documentation
  • Technical compliance assessments against Building Code of Australia (BCA/NCC)
  • Australian Standards verification (AS2870, AS3700, AS3740, AS3958.1, AS/NZS 2589, AS/NZS 3500)
  • Identification of statutory warranty breaches under s18B Home Building Act 1989
  • Moisture testing and diagnostics using calibrated equipment
  • Cost of rectification based on Rawlinson’s Construction Cost Guide
  • Clear, objective findings suitable for legal proceedings

District Court Expert Testimony

  • Cross-examination on expert reports
  • Concurrent evidence sessions with opposing experts
  • Technical explanations of building defects and remediation methods
  • Cost assessment justifications
  • Australian Standards compliance analysis
  • Building Code interpretation

Appeal Panel Matters

We have extensive experience in NCAT Appeal Panel proceedings, including:

  • Expert evidence supporting appeals and responses to appeals
  • Analysis of original tribunal findings
  • Updated cost assessments for renewal applications
  • Technical opinions on questions of law involving building standards

Scott Schedule Preparation

Scott Schedules are critical documents in building disputes. We prepare detailed schedules that:

  • Itemise each defect or disputed item separately
  • Provide agreed positions and areas of dispute between experts
  • Include cost estimates for each item
  • Identify responsibility for each defect
  • Form the foundation for expert conclaves and tribunal decisions

Expert Conclaves & Joint Reports

We participate in court-ordered expert conclaves to:

  • Meet with opposing experts to narrow issues in dispute
  • Prepare joint expert reports identifying agreed and disputed matters
  • Complete joint Scott Schedules with comparative costings
  • Facilitate efficient resolution of technical disputes
  • Reduce hearing time and costs

Cross-Examination & Concurrent Evidence

Mario Bournelis has extensive experience in:

  • Concurrent evidence sessions (“hot tubbing”) where experts give evidence together
  • Responding to cross-examination from opposing counsel
  • Maintaining objectivity and professional conduct under questioning
  • Explaining complex technical matters clearly to judicial officers
  • Defending expert opinions with reference to industry standards and best practice

Home Building Act s18B Disputes

We specialise in assessing breaches of statutory warranties under the Home Building Act 1989, including:

  • s18B(1)(a) – Work performed with due care and skill
  • s18B(1)(b) – Materials good and suitable for purpose
  • s18B(1)(c) – Work complies with applicable laws
  • s18B(1)(d) – Work completed with due diligence and within reasonable time
  • s18B(1)(e) – Dwelling reasonably fit for occupation
  • s18B(1)(f) – Work fit for specified purpose

Our reports clearly identify which warranties have been breached and provide evidence supporting those findings.

Cost of Rectification Reports

We provide accurate, defensible cost estimates using:

  • Rawlinson’s Construction Cost Guide – Industry-standard reference for trade rates and materials
  • Current market rates verified through industry contacts
  • Detailed breakdowns by trade (labour hours and rates)
  • Materials specifications and costs
  • Allowances for preliminaries (typically 5–11% for remedial works)
  • Builder’s margins (typically 25%)
  • GST calculations

Our costings are consistently accepted by tribunals and courts as reasonable and appropriate.

Technical Expertise

Specialist Areas of Knowledge

Waterproofing & Wet Areas

  • Membrane failure analysis – Identifying breaches of AS3740-2010 “Waterproofing of Domestic Wet Areas”
  • Moisture testing and diagnostics – Using calibrated moisture meters to detect water ingress
  • AS3740 compliance assessment – Falls to floor waste (minimum 1:100), puddle flange installation, membrane termination
  • Water penetration investigations – Locating sources of leaks and dampness
  • Waterproofing certificate evaluation – Assessing validity of contractor certificates

Structural Compliance

  • AS2870 (Residential Slabs and Footings) – Foundation design and construction assessment
  • AS3700 (Masonry Structures) – Brickwork, blockwork, weephole compliance
  • Foundation and structural defect analysis – Cracking, settlement, structural movement
  • Brick growth and expansion joint issues – Clay brick expansion, control joints
  • Load-bearing capacity assessments – Beams, columns, structural adequacy

Building Systems

  • AS/NZS 2589 (Gypsum Linings) – Control joints, ceiling finishes, plasterboard installation
  • AS/NZS 3500 (Plumbing and Drainage) – Service installation compliance, minimum burial depths
  • Service installation compliance – Electrical, plumbing, HVAC systems
  • Falls and drainage – Stormwater management, gutter and downpipe adequacy

Finishes & Workmanship

  • Tiling installation – AS3958.1-2007 compliance, grout joints, tile alignment
  • Painting and coating standards – Surface preparation, coverage, finish quality
  • Joinery and carpentry – Kitchen installations, door and window compliance
  • Floor finishes – Timber, hybrid, tile, levelness and tolerances

Cost Estimation

  • Rawlinson’s Construction Cost Guide methodology – Applying industry-standard pricing
  • Trade rate analysis – Carpenters, plumbers, electricians, tilers, painters, bricklayers
  • Materials pricing – Current market rates for building materials
  • Preliminaries calculation – Site establishment, supervision, temporary works
  • Margin assessment – Reasonable profit margins for remedial works

Our Process & Approach

1. Initial Instructions

We work directly with solicitors and legal representatives to:

  • Understand the scope of the dispute
  • Identify key issues requiring expert opinion
  • Review preliminary documentation
  • Provide fee estimates and timelines

2. Site Inspection

Comprehensive site inspections include:

  • Detailed photography of all defects
  • Measurements and testing (moisture meters, levels, measuring tools)
  • Review of construction drawings and specifications
  • Discussion with relevant parties where appropriate
  • Non-invasive and invasive testing as required

3. Report Preparation

Our expert reports include:

  • Executive summary of key findings
  • Expert qualifications and acknowledgment of Expert Witness Code of Conduct
  • Methodology and inspection details
  • Defect-by-defect analysis with photographic evidence
  • Australian Standards and BCA compliance assessment
  • Cost of rectification with detailed breakdowns
  • Clear opinions and conclusions

4. Expert Conclave Participation

Where ordered by the tribunal or court:

  • Attend conclave meetings with opposing experts
  • Prepare joint reports and Scott Schedules
  • Identify agreed facts and narrow disputes
  • Maintain independence and objectivity

5. Hearing Attendance

For tribunal and court proceedings:

  • Provide sworn evidence
  • Respond to cross-examination
  • Participate in concurrent evidence sessions
  • Explain technical matters clearly
  • Maintain professional demeanour under pressure

Why Choose City Wide?

  • Tribunal-Tested Credibility

    Our expert evidence has been consistently accepted and preferred by NCAT and District Court decision-makers across more than a decade of cases. Tribunals have specifically noted:

    • The thoroughness of our inspections
    • The reliability of our cost estimates based on Rawlinson’s Guide
    • Our appropriate use of moisture testing equipment
    • Our understanding of Australian Standards
    • Our clear and logical reasoning\
    • Our professional conduct in concurrent evidence

  • Independence & Objectivity

    We maintain strict independence by:

    • Acknowledging our primary duty is to the tribunal/court, not the party retaining us
    • Providing honest opinions even when unfavourable to our client’s position
    • Clearly identifying limitations of our expertise
    • Distinguishing between facts observed and opinions formed
    • Only expressing opinions within our area of competence

  • Practical Building Knowledge

    As a licensed builder with hands-on construction experience, Mario Bournelis provides:

    • Real-world understanding of building processes and sequencing
    • Knowledge of common building practices and site constraints
    • Realistic cost assessments based on actual construction methods
    • Practical remediation solutions that can actually be implemented
    • Understanding of what is “reasonable” in building practice

  • Clear Communication

    We make complex technical matters accessible by:

    • Using clear, jargon-free language in reports
    • Providing photographic evidence to illustrate defects
    • Explaining technical standards in understandable terms
    • Presenting well-organised reports with logical structure
    • Responding clearly and directly to questions in evidence

  • Comprehensive Service

    From initial instructions through to final hearing:

    • Prompt response to enquiries
    • Realistic timeframes and fee estimates
    • Detailed, court-ready reports
    • Availability for conferences and consultations
    • Professional hearing attendance
    • Supplementary reports when circumstances change

Qualifications & Experience

Mario Bournelis – Principal Expert Witness

Licences & Qualifications

  • Licensed Builder (NSW)
  • Licensed Building Supervisor
  • 15+ years expert witness experience
  • Member, Australian Specialist Building Consultants (ASBC)

Tribunal & Court Experience

  • NSW Civil and Administrative Tribunal (NCAT) – Consumer and Commercial Division
  • NSW District Court
  • NCAT Appeal Panel
  • Cases spanning 2014–2025

Expert Witness Compliance

  • Fully compliant with NCAT Procedural Direction 3 “Expert Witnesses”
  • Acknowledges duty to the tribunal/court over any party
  • Maintains professional indemnity insurance
  • Provides opinions within area of expertise only

Technical Competencies

  • Building Code of Australia (BCA/NCC) compliance
  • Australian Standards interpretation and application
  • Defect identification and remediation design
  • Cost estimation using industry-standard references
  • Moisture testing and diagnostic techniques
  • Expert report writing for legal proceedings

Types of Disputes We Handle

Residential Building Disputes

  • New home construction defects
  • Renovation and extension defects
  • Waterproofing failures
  • Structural issues
  • Kitchen and bathroom defects
  • Incomplete works
  • Non-compliance with plans and specifications

Commercial & Industrial

  • Office building defects
  • Retail premises issues
  • Warehouse construction disputes
  • Mixed-use developments
  • Industrial facilities

Common Defect Categories

  • Waterproofing membrane failures
  • Structural and foundation defects
  • Tiling defects (wet areas and general)
  • Brickwork defects (cracking, efflorescence, brick growth)
  • Painting and finishes
  • Joinery and cabinetry
  • Roof and gutter defects
  • Building Code and Australian Standards non-compliance
  • Incomplete or abandoned works

Engagement Process

For Solicitors & Legal Representatives

Step 1: Initial Contact

Contact us with:

  • Brief description of the dispute
  • Key issues requiring expert opinion
  • Relevant documentation (contracts, prior reports, photos)
  • Timeframes for report delivery

Step 2: Quotation

We provide:

  • Fixed fee quote for report preparation
  • Additional fees for conclave attendance (if required)
  • Hearing attendance rates
  • Estimated timeframe for delivery

Step 3: Formal Instructions

Provide us with:

  • Letter of instruction
  • All relevant documentation
  • Access arrangements for site inspection
  • Contact details for all parties

Step 4: Site Inspection

We coordinate:

  • Mutually convenient inspection time
  • Access to all relevant areas
  • Attendance of necessary parties
  • Photography and testing

Step 5: Report Delivery

You receive:

  • Comprehensive expert report
  • PDF format suitable for filing
  • Digital photographs
  • Supporting calculations and references

Urgent Matters

We can accommodate urgent instructions where:

  • Court or tribunal deadlines are imminent
  • Expedited reports required (additional fees apply)
  • Site access available on short notice

Frequently Asked Questions

Standard reports are typically delivered within 2–3 weeks of site inspection. Expedited reports can be arranged for urgent matters.

We identify defects, non-compliance with standards, and breaches of statutory warranties. Ultimate determination of legal liability is a matter for the tribunal or court.

Yes, we regularly conduct joint inspections with opposing experts, which can be an efficient way to narrow disputes.

Fees vary depending on complexity, urgency, and location. Contact us for a tailored quotation based on your specific matter.

We can provide preliminary advice to assist with case assessment, subject to appropriate caveats about limitations without full inspection.

We use Rawlinson’s Construction Cost Guide as our primary reference, supplemented by current market rates, quotations where appropriate, and our extensive construction experience.

Service Areas

We provide expert witness services across Australia, including:

Sydney – All suburbs and regions

Melbourne – Metro and regional Victoria

Brisbane – South East Queensland

Canberra – ACT and surrounds

Adelaide – South Australia

Hobart – Tasmania

Perth – Western Australia

Contact Our Expert Witness Team

  • Citywide Building Consultants

    10 Plymouth Street, Enfield  NSW 2136

  • Telephone

    0412 675 270

  • Email

    info@citywidebuilding.com.au

  • Urgent Matters

    We prioritise urgent instructions where tribunal or court deadlines require expedited reports

Professional Standards

Professional Indemnity Insurance

Comprehensive coverage for expert witness work

Continuing Professional Development

Regular updates on building codes, standards, and legal requirements

Quality Assurance

Thorough review processes for all reports

Confidentiality

Strict maintenance of client and matter confidentiality

Conflict Checking

Procedures to identify and manage potential conflicts of interest

Related Services

Expert Determination Services

Building Inspections

Compliance & Certification

Project Management