In a typical residential defects claim in NCAT, a homeowner will make a claim against their builder that it did not complete construction works in accordance with the construction contract and/or in accordance with statutory warranties under the Home Building Act 1989 (NSW) due to allegations the construction works are defective.

Generally, the homeowner will engage an expert to provide an expert report which amplifies the type of works which would be classified as defective and the value to rectify the alleged defects. The builder will then engage an expert to provide a response to the homeowner’s expert report which downplays…