Practice Note No. 8Distressed Building Investigations & the Provision of Expert Advice

This Practice Note must be read in conjunction with the other Practice Notes from FFSV.

The following is a discussion on the methodology to be used by FFSV members when undertaking the investigation and reporting of movement and distress in lightly loaded structures. The methods and procedures relating to the investigation and reporting of distress in lightly loaded structures are not limited to this Practice Note.

A distressed building investigation report must provide a sufficient evidentiary base in order to establish a reliable professional opinion. While such reports are commonly used in insurance claims and legal cases, to help determine liability, it is critical that the reports themselves remain completely objective and independent. Damages awarded in building disputes can be very substantial, therefore objective independence is the key component in these reports. Such impartiality will help ensure a better understanding of the relevant issues by all parties. In the preparation of an expert technical report, there is no obligation to make findings that are favourable to anyone, or other, of the involved parties. In fact, this Practice Note requires that all such reports are undertaken in accordance with the existing Practice Notes relating to the provision of expert evidence of the various Tribunals and Courts in Victoria. These existing Practice Notes make it clear that the expert’s paramount responsibility is to provide an independent, expert opinion to the Tribunal or Court; the expert does not have a responsibility to provide an opinion that supports their client’s case.