When building insurance claims are contested, it usually comes down to questions of evidence. What caused the damage? Was it due to poor construction, lack of maintenance, or a specific event? Is it covered by the policy, or is it excluded as wear and tear?
These questions are rarely easy to answer without technical expertise. In these situations, a construction expert witness is typically brought in to help clarify what really happened. Through detailed reports and site investigation services, they translate complex technical issues into clear, credible evidence that supports fair claim outcomes.
Following ongoing concerns about how expert reports are used in claims—especially after the 2022 floods—the Insurance Council of Australia introduced a Best Practice Standard to improve the quality and consistency of expert assessments. It’s a step toward making the process more transparent and reliable for property owners navigating complex claims.
Whether commissioned by insurers, claimants or through legal proceedings, expert witnesses—typically engineers with deep technical expertise—bring independent analysis to contested matters.
Why building-related disputes need specialist input
Building damage often raises technical questions that general assessors, builders or property managers aren’t equipped to answer on their own. Distinguishing between poor workmanship, gradual deterioration, and event-driven damage takes trained investigation. It’s especially important, considering how the findings can have a major impact on the outcome of a claim.
For example:
- Cracking might be linked to long-term ground movement, not just recent storm activity
- Roof damage could be made worse by prior maintenance issues
- Water ingress might result from design flaws rather than a covered weather event.
When claims involve these kinds of complexities, insurers or legal representatives often engage a construction expert witness to provide a deeper, independent analysis. Their role is not to argue for one side or the other but to assess the facts, explain the technical issues clearly, and support fair decision-making based on evidence.
For property owners and managers, understanding this role can make a major difference in navigating the claims process and knowing when it’s appropriate to seek your own expert input if needed.
What a construction expert witness provides
A construction expert witness brings a structured, evidence-based approach to damage assessment, beyond a visual inspection or general opinion.
Their work typically includes:
- Conducting detailed site investigation services to document the condition of the building
- Identifying the likely cause of damage, whether structural, environmental, or maintenance-related
- Reviewing compliance with relevant building codes and industry standards
- Preparing expert reports that are suitable for legal, insurance or tribunal processes
- Providing testimony or clarification, if required, during dispute resolution.
These experts are often engineers with years of practical experience. Their reports are impartial, presenting facts to help all parties understand what’s actually happened and what needs to be done about it.
Because of this neutrality, their reports often carry significant weight with insurers, courts and dispute resolution bodies.
When to engage a construction expert witness
Not every claim requires an expert witness. However, independent expertise can make all the difference when a dispute involves technical complexity or competing opinions.
It may be time to bring in a construction expert witness if:
- The cause of damage is unclear or being disputed
- You’ve received conflicting assessments from insurers, trades or other consultants
- The claim involves structural failure, long-term deterioration or high repair costs
- The matter is heading toward mediation, tribunal or court
- You want to ensure that clear, evidence-based reporting supports your side of the story.
Engaging an expert early, before positions harden, can help prevent a claim from stalling or escalating unnecessarily. It also gives building owners more control over how the property’s condition and history are represented throughout the dispute process.
Working with Morse Building Consultancy
Morse Building Consultancy provides independent expert reporting to support fair, evidence-based outcomes in building insurance disputes.
Our team offers detailed site investigation services, clear structural reporting, and expert witness services tailored for legal and insurance contexts.
If you’re managing a complex or contested claim, we’re here to help. Contact us today.