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Who is an expert witness? It is someone who has extensive knowledge in a specific area and can provide a professional opinion. Especially if called to testify during litigation before the court.
Expert witnesses are different from fact witnesses. This is because the latter only narrates facts during litigation. Expert witnesses are also different from consultants. They only advise in their particular area of expertise to clients who pay them for their advice.
So, is it possible that a building inspector can be an expert witness for you. Especially if there is any case involving building codes, rules/regulations and their violations?
Building inspections City Beach Perth recommends that the person has ample experience in building inspections. They have provided training to other building inspectors and/or contributed in writing/compiling of local or international building codes. He/she can then act as an expert witness.
Generally, an expert witness provides an Expert Witness Report. This is provided after carrying out a thorough inspection of the relevant property. The report has to be convincing enough to compel the opposition in deciding to settle the issue out of court. This is quiet helpful in preventing the parties from getting involved into financially draining court proceedings and litigation charges.
Anyone from defendant to the court and the plaintiff can hire an expert witness and there can be two opposing expert witnesses in a case as well. However, it is necessary that they remain neutral at all stages of the case.
Regarding the qualifications, an expert witness needs to have established credentials from the relevant field as this would help in the development of the case in the right direction. Exhibition of sound knowledge, skill, experience, education and training proves to be productive for the party involved in a lawsuit.
Building inspectors
When a building inspector is asked to perform the role of an expert witness, he/she is required to consult and testify regarding the building ordinances and building codes. Building inspections City Beach Perth can also provide an assessment and opinion of violation of building regulations but they need to be credible assessors of structural failures and building distress and defects.
Building inspectors are frequently roped in for cases involving potential defects found in a property, which may have led to injury. Such as, water leak at the property led to collapse of a ceiling onto the renter or buyer. Such defects can involve installation of plumbing and electrical wires or roof leakages, wall integrity and building design layout. Some defects, which are obvious, are labelled as patent while less obvious defects are referred to as latent.
Building inspector serving as expert witness must be capable of determining whether the fixture in question complies with the regulations of the building type. In this regard, building inspector is required to perform a building inspection, prepare an Expert Witness Report and present it before the court. The inspector can help in determining the liability in case of damages and make recommendations for fixing the flaws.
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