The document provides guidance on writing expert reports. It emphasizes that reports should be concise, well-organized, and focus on the key issues. Reports should include an assessment of the instructions, qualifications of the expert, observations and documentation of any defects, opinions on the cause of defects and compliance with relevant standards, scope and costing of recommended repairs. Photographic evidence should be annotated to clearly illustrate issues. Overall, the document stresses the importance of thorough investigation and presentation of reasoning to establish credibility as an expert witness.

1. Resolution Institute 2019
Report Writing By Paul Ratcliff

2. Front Cover Page
Make sure the
report is signed
and dated

3. Long Legal Report Format

4. Using Long Legal Format

5. Table Format Report

6. Number
paragraphs
consecutively
Who did the inspection
Insert actual
wording from
letter of
instruction

7. • Are you conflicted in any way ?. Be up front and disclose.
• Is the brief clear ?.
• Is there a schedule or report that defines the issues in dispute? .
• Is there a chronology of events?.
• Is the opinion within your area of expertise ?.
• Is the timetable realistic ?.
• Are all documents available to assess the issues?.
• Who are the experts on the other side?.
• What are the limitations on site inspections?.
• Will destructive investigations be permitted?.
ASSESSING INSTRUCTIONS

8. Why are you qualified ?
Why should your opinion be
given more weight than you
opponents?

9. Either of
these
codes

11. Assumptions
You should get
these from your
instructing Solicitor
Put all
assumptions
in one place

13. Reporting on weather conditions

16.  Set the summary up in a table format.
 Separate issues into incomplete and defective work.
 Separate incomplete work into agreed and disputed.
 Separate defective work into agreed and disputed.
 Identify the cost of repairing both incomplete and defective work on an ‘if found basis’.
 Calculate the difference in the cost of repair of the agreed issues between the experts.
 Quantify the issues and the amount in dispute.
 List any issues that require further investigation or prevent a concluded opinion.
Summary of the report

17. Standard Issue Layout For Most Reports

18. What constitutes a major defect?
A major defect is a defect in a major element of a building that is attributable to:
• defective design,
• defective or faulty workmanship,
• defective materials, or
• failure to comply with the structural performance requirements of the National
Construction Code (or any combination of these).
that causes, or is likely to cause:
• inability to inhabit or use the building for its intended purpose, or
• destruction of the building or any part of the building, or
• threat of collapse of the building or any part of the building.
And relates to:
• components of a building that is essential to the stability of the building, or
any part of or
• fire safety system, or
• waterproofing, or
• (any other element that is prescribed by the regulations as a major
element of a building.

19. Types of defects
Type of defect Comment
Installation defect Latent building defect from original construction
Materials defect The materials used are not good and suitable for the purpose of
constructing a dwelling fit for occupation
Compliance defect Work performed does not comply with BCA or the deemed to
satisfy provisions in Australian Standards
Design defect The design of the building will not result in a dwelling that is
reasonably fit for occupation.
Maintenance defect The lack of maintenance has caused a defect resulting in premature
deterioration of building elements.
Technical defect A defect that does not comply with the BCA or the deemed to
satisfy provisions of the BCA, but there is no current resultant loss
or damage. However, this may change due to different use or
change of weather conditions.

20. Locating the defect

21. Observations
• Start with a description of the room.
• Describe how is it built – type of walls, floor and ceiling.
• Identify the identified issue – where it is in the room.
• What would a lay person see – mould, peeling paint,
water, rotted carpet etc.
• Is the issue affecting or likely to effect use or
habitability.
• Is the issue resulting or likely to result in destruction of
any building elements.
• Is the issue causing or likely to cause collapse.

22. Process of taking observations
• Dictate observation
• Take photo
• Dictate observation
• Take photo
• Dictate observation
• Take photo

23. Diagnostic Investigation
 This is where an expert uses his skill and knowledge to identify the cause
of an identified defect.
 Be thorough.
 Identify all the variables.
 Test every variable.
 Say why you are testing and describe the findings in detail.
 Measure what ever you can.
 Document each stage with photographs.
 This is where you show why you are an expert in the field.

24. Review of contract documents for the
identified issue
• Don’t assume anything.
• Start with the contract – what was the builder
supposed to build?.
• See what constituted the contract?.
• Ask for a schedule of payments made to the
builder. See if it complies with the contract
schedule.

25. Review of statutory codes for the
identified issue
• Check when the CC was issued and then what BCA’s apply to the work.
• Check what Australian Standards apply to the work.
• Extract what the BCA & Australian Standards say about the issue.
• Comment on your interpretation of what was built and it either complies
or does not comply with the BCA & Australian Standards
Example:
As there is the likelihood of damage to the interior of the unit due to
the omission of an overflow for surface water on the balcony, this
omission is a breach of the requirements of Clause 5.2.3 of AS
3500.3.2-1998 which states;
“Surface drainage systems shall be designed to ensure overflows,
in major events with an ARI of 100 years in Australia or 50 years
in New Zealand, do not present a hazard to people or cause
significant damage to property”.

26. Your Opinion
What is the foundation or basis for your opinion?

27. Content Of A Concluded Opinion
1. What is the issue.
2. Will the issue result or likely result in loss in habitability or use.
3. Will the issue result in destruction of any part of the building.
4. What is the consequence of not rectifying the defect.
5. What is the cause(s) of the defect.
6. What performance requirement has been breached.
7. What deemed to satisfy requirement has been breached.
8. What would a skilled builder have done to prevent this defect.
9. What options are there for repair.
10. What repair is recommended.
11. What is the cost of repair.

28. Scope of work
• Provide sufficient detail for tenderers to be
able to quote the work.
• Dictate it on site as it will be more detailed
and include issues that you wont see in photos
sitting behind a desk.
• Dictate the scope as if you were building it.
• Include hold points by putting a ‘#’ at the
beginning of the sentence. Note this in the
report format section of the report.
• Include photos with lines drawn over them to
describe any technical issues.
• Keep the language simple.
• Break up the scopes into stages (i.e.
demolition, substrate prep, flashing repairs,
waterproofing etc) – write them on your pad
so you know the headings that way you can
jump around the document as you dictate.

29. Estimating cost of repairs
• Create a separate spread sheet for each item.
• Include all costs associated with the repair of that item
including any preliminaries, profit and overheads.
• Cross reference where you got the rates from. List any
adjustments or comments in the comments column.
• Include all referenced costing material in the annexures
to the report.
No Item Unit Qty Rate Ref Total Comments
$0.00
$0.00
$0.00
$0.00
Sub-total: $0.00
Builders % for profit and overheads: % 20 $0.00
Sub-total: $0.00
GST: % 10 $0.00
Total cost of repairs: $0.00 To Collection

30. Photographic ReportInclude text boxes
and arrows to
identify what you
see as an
important issue in
the photograph.
Always start with
a distant shot of
the room before
narrowing in on
the issue.

31. QUESTIONS ?